| Advisory opinion regarding whether an appointed member of the New Orleans Planning Commission may vote to defer a matter in which he recused himself, if his absence from the venue would create a lack of a quorum. |
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Bobbie Mason, Deputy City Attorney for the City of New Orleans, states that during a meeting of the New Orleans Planning Commission six of the nine members were present. An issue regarding the Orleans Parish School Board came before the Commission and two of its members recused themselves. With four members prepared to vote, the Commission lost its quorum. It was recommended by Ms. Mason that the matter regarding the School Board be deferred to the next meeting of the Commission where more members would be present. The two members that recused themselves did not believe that they could vote to defer the matter to the next meeting and decided to walk out of the meeting, thus leaving the commission without a quorum. Ms. Mason is concerned about future meetings of the Commission and asks whether a vote to defer a matter to the next meeting would be considered participation in a transaction in which a person has a substantial economic interest.
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Section 1112 of the Code prohibits a public servant from participating in a transaction with his governmental entity in which he, an immediate family member, a person in which he has a substantial economic interest, or an employer has a substantial economic interest.
Section 1120 of the Code allows an appointed member of a board or commission to recuse themselves from voting on matters which may violated section 1112 of the Code. It prohibits those members from participation in the discussion of the matter.
Section 1102 of the Code defines participation as to take part in or to have or share responsibility for an action of the governmental entity through the approval, disapproval, decision, recommendation, the rendering of advice, investigation or failure to act or perform a duty.
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Decline to render an advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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