|
Advisory opinion regarding the propriety of Dorothy Self's election to the Board of Alderman for the Village of Georgetown while her husband is a patrol officer for Georgetown. |
|
Ms. Self was elected Alderwoman of the Village of Georgetown on November 6, 2012. Her husband, Earl Self, has been employed as a full-time patrol officer for Georgetown since November 10, 2008. Based upon these facts Mayor Olden seeks the Board's advice as what Ms. Self can administer as a board member, concerning her husband, to ensure compliance with laws of the Code of Governmental Ethics.
|
|
Section 1119 of the Code prohibits an immediate family member of an agency head from being employed in the public servant's agency. "Agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. As alderwoman, Ms. Self is an agency head of Georgetown.
Section 1119C(2) allows for the continued employment of a public employee who has been employed in the agency for at least one year prior to the employee's immediate family member becoming agency head.
Section 1112B(1) of the Code states that no public servant, except as provide in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which any member of his immediate family has a substantial economic interest. "Participate" means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
Section 1120 of the Code states that if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of Section 1112 of the Code, shall recuse himself from voting. An elected official who recuses himself from voting shall not be prohibited from participating in discussion and debate concerning the matter.
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Brent Durham |
|
|