Meetings
 
Agenda Item
 Docket No. 12-1591
 
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RE:
An advisory opinion request from Westlake Mayor Danny Cupit regarding the participation of councilmembers voting for a payraise.
Facts:
The Mayor of Westlake seeks advice on how the Mayor Pro-temp is elected in Westlake. It appears that the practice has been for the five member council to meet and nominate amongst themselves one of the five to be mayor pro-temp. This has led to a situation where there are equal votes for and against a nominee and the tie breaking vote is cast be the council member nominated. If the nominee was not allowed to vote the City by-laws would allow the Mayor cast the deciding vote.

Law:
La. R.S. 42:1112A No public servant , except as provided in R.S. 1120, shall participate in a transaction in which he has a substantial economic interest of which he may be reasonably expected to know involving the governmental entity.

La. R.S. 42:1120 If any elected official, in the discharge of his duty or responsibility of his office or position, would be required to vote on a matter which vote would be in violation of R.S. 42:1112, he shall recuse himself from voting.

La. R.S. 42:1102(22)(c) Thing of economic value shall not include salary and related benefits of the public employee due to his public employment.

Recommendations:
Decline to render the advisory opinion based on past conduct.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2012-1591- Opinion Request