Meetings
 
Agenda Item
Docket No. 19-266
 
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RE:
Reconsideration of an advisory opinion requested by M. David Freneaux, which opined that as a member of the Central City Council, he would be prohibited from entering into a settlement with the City of Central relative to a lawsuit he had filed prior to becoming a councilman.
Facts:
M. David Freneaux was elected to the City of Central City Council in 2018 and his term began January 1, 2019. Prior to his election, Mr. Freneaux filed a lawsuit against the City of Central in 2015 involving a public records request, which lawsuit is still pending. Named as defendants in the lawsuit are the Mayor, the City Clerk, and the private contractor that administers the public records for the City of Central. If successful, the City of Central might be liable for attorney's fees, costs, fines and damages, payable to Mr. Freneaux. Mr. Freneaux would like to settle the lawsuit.

Mr. Freneaux requested reconsideration of the advisory opinion rendered on April 15, 2019. Particularly, Mr. Freneaux disagreed with the Board's interpretation of the term "other transaction." Mr. Freneaux believes that the Board's interpretation makes La. R.S. 42:1112 untenable, because every 1112 violation would be a violation under 42:1113, and the recusal statute of 1120 would be useless.

Comments:
The Board rendered an advisory opinion dated April 15, 2019 which indicated that Councilman Freneaux would be prohibited from entering into a settlement with the City of Central over a lawsuit he had filed involving a public records request.
Law:
La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.


La. R.S. 42:1113A(1)(a) prohibits a public servant, or member of such public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

Recommendations:
Adopt the proposed advisory opinion draft which affirms the prior advisory opinion.
Assigned Attorney: Greg Thibodeaux
 
 
ATTACHMENTS:
Description:
2019-266 AO Reconsideration Draft _4- Freneaux
2019-266 Request for opinion
2019-266: Advisory Opinion
2019-266- Advisory Opinion Request David Freneaux