| Advisory Opinion Request from Dennis Hoffman, the son-in-law of a member of the Harahan City Council, regarding his appointment to an unpaid position with various city boards and commissions. |
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Mr. Hoffman is the son-in-law of a Harahan City Council Member, and has expressed willingness to serve on various local boards and committees on an unpaid, volunteer basis. The specific boards cited were: Committee on Economic Development, Civil Service Board, Fire Department Advisory Board, Planning and Zoning Board, Appeals and Variances Board, and Magistrate Court Judge. Each of these positions is selected by the Mayor, subject to approval by the City Council, and reports directly to the Mayor or other agency head. Mr. Hoffman would be willing to decline all compensation for such role, including costs.
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La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1102(23) defines "transaction with a governmental entity" as any proceeding,
application, submission, request for a ruling or other determination, contract, claim, case, or
other such particular matter which the public servant or former public servant of the
governmental entity in question knows or should know:(a) is, or will be, the subject of action by the governmental entity; (b) is one to which the governmental entity is or will be a party; or (c) is one in which the governmental entity has a direct interest. A transaction
involving the agency of a governmental entity shall have the same meaning with respect to
the agency.
La. R.S. 42:1113(A)(1)(a) states no public servant or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1113(A)(1)(b)(ii) states that La. R.S. 42:1113(A) shall not prohibit a municipal or parish governing authority from appointing one of its members to a board or commission for which the governing authority is the appropriate appointing authority and the appointee receives no salary or per diem for service on the board or commission.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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