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Advisory opinion request regarding Julie Burleigh, the wife of Kirk Burleigh, a Police Juror from Cameron Parish, serving on one of the appointed boards in Cameron Parish. |
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Mr. Burleigh has stated that Cameron Parish has significantly lost population since Hurricane Rita hit the Gulf Coast. The small population has made it increasingly difficult if not impossible for the Police Jury to find residents willing to serve on the parish boards and committees. He has inquired if it would make a difference if his wife was not compensated for her services as a Board member. Cameron Parish population is 6,730.
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La. R. S. 42:1112B(1) prohibits a public servant except as provided in R.S. 42:1120 shall participate in a transaction involving the governmental entity in which any member of his family has a substantial economic interest.
La. R.S. 42:1113A provides that no public servant excluding any member of a governing authority of a parish with a population of 10,000, or less, or member of such public servants immediate family 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. 42:1120 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 vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning this matter, provided he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is subject of the discussion or debate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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