| Request for an advisory opinion from Bruce Danner, Town Attorney for the Town of Madisonville (pop.748), relative to his participation in prosecuting a defendant who made accusations against him in the nature of having transactions with the Town of Madisonville. |
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Bruce Danner is the Town Attorney for the Town of Madisonville. Madisonville operates a Mayor's Court with the Town Attorney serving in the capacity as the Town Prosecutor. The Town of Madisonville is in an election year and a resident has erected a sign criticizing the mayor and makes reference that the Town Attorney was involved in a transaction with the Town of Madisonville. The resident has been charged by the Town Marshall with a violation of the town's signage ordinance which prohibits signs in excess of of the square footage limitation. The mayor has recused himself as the judge in this matter, however desires that Mr. Danner prosecute the case.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B prohibits a public servant from participating in a transaction involving the governmental entity in which, to his actual knowledge any member of his immediate family, any person in which he has a substantial economic interest, any person of which he is an officer, director, trustee, partner, or employee and any person with whom he is negotiating or has an arrangement concerning prospective employment, has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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