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Advisory opinion regarding whether Mr. Larry Bergeron, a former city councilman for Morgan City, may be appointed to the Cemetery Committee within two years of the expiration of his term of office. |
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Mr. Bergeron served on the city council for Morgan City until his term of office expired on January 14, 2013. Morgan City, through its mayor, would like to appoint Mr. Bergeron to the city's Cemetery Committee. The role of the Cemetery Committee is to ensure compliance with cemetery policy and to make recommendations to the mayor and the council concerning cemetery policy and operations. The mayor makes all appointments to the Cemetery Committee with approval by the city council. Members of the Cemetery Committee receive no compensation or other form of economic benefits.
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Section 1121A(2) of the Code states that no former member of a board of commission shall, for a period of two year following the termination of his public service on such board of commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
Section 1121G states [that post employment provisions] shall [not] prohibit a former member of a municipal governing authority from being appointed to fill a vacancy in the office of mayor regardless of the amount of time that has elapsed since the termination of the former member's service as a member of the municipal governing authority.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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