| Consideration of a disqualification plan regarding the Cottonport Town Clerk, Theresa Anderson and the Chief of Police, Ernest Anderson, submitted to avoid violations of La. R.S. 42:1112. |
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The Mayor of Cottonport, William Scotty, requests a formal ethics opinion on the proper segregation of duties between the recently elected Chief of Police and the Town Clerk of the Town of Cottonport. The new Chief of Police, Ernest Anderson, who took office on January 1, 2013 after winning a run -off election in December, is currently married to and living with Theresa Anderson, the Town Clerk. Ms. Anderson has been employed by the Town since February of 1987.
The Town has reviewed the areas that overlap in handling Police Department approval, execution and recording of transactions and have identified four overall areas where there would be the Clerk's involvement in handling Police Department activity. These areas are as follows: Budgeting, Accounts Payable /Purchase Orders, Payroll /Scheduling and Reconciling of bank activity and posted transactions through the general ledger integrated systems. The budgeting for the Police Department will be handled strictly by the Chief of Police and the Mayor. The Accounts Payable transactions and Purchase Order approvals for the Police Department will be handled by employees other than the Town Clerk and all checks for Police Department expenditures will be signed by the Mayor and someone other than the Town Clerk. Payroll scheduling and approval of payroll will be handled by the Police Chief and the Mayor and all payroll checks for Police Department employees will be signed by the Mayor and someone other than the Town Clerk.
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Section 1112 of the Code prohibits a public servant from participating in transactions with his governmental entity in which the public servant or an immediate member of his family has a substantial economic interest.
Rule 1403 provides that the agency head of an agency may provide the Board with a report concerning the impact on the efficient operation of the governmental entity of the potential participation by the public employee and shall provide the board with an alternative measure available to avoid a violation of Section 1112.
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Approve the disqualification plan.
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| Assigned Attorney: |
Aneatra Boykin |
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