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Last modified
7/12/2021 10:27:26 AM
Creation date
8/20/2018 2:03:11 PM
Metadata
2018-776
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-776
Requesting Party
Eric P. Duplantis
Decision Date
8/17/2018
Law
La. R.S. 42:1111C(2)(d)
Caption
St. Mary Parish would not be prohibited from transacting business with a company that employs a St. Mary councilman provided the councilman is a wage-earning or salaried employee, his salary would be unaffected by the contractual relationship between the company and St. Mary Parish, the councilman owns no more than 25% of the company and is not an officer, director, trustee, or partner of the company.
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-4- <br /> • for the issuance of revenue bonds financing the acquisition and <br /> construction of facilities to be leased or sold to the "ABC" Company. <br /> Thus, the Board considers applicable the prohibition in <br /> • Section 1113 B(3) of the Code. Accordingly, the Board concludes that <br /> "A" is prohibited by Section 1112 B(3) from participating in either of <br /> the transactions under consideration, i.e., the application to rezone <br /> property owned by "A's" employer, as well as the consideration of the <br /> resolutions to authorize the issuance of revenue bonds. <br /> The prohibition contained in Section 1112 B(3), however, is <br /> subject t.o the "except[ion] . . . provided in R.S. 42:1120 [Section 1120 <br /> of the Code]". Section 1120 provides as follows: <br /> "1120. Recusal from voting <br /> If any elected official, in the discharge <br /> • of a duty or responsibility of his office or <br /> position, would be required to vote on a matter <br /> which vote would be a violation of R.S. 42:1112, he <br /> shall recuse himself from voting. Notwithstanding <br /> the foregoing, an elected official shall not be <br /> required to recuse himself if he prepares and files <br /> the statement required by this Section as provided <br /> herein. In such case, the elected official shall <br /> prepare in writing a statement describing the matter <br /> in question, the nature of the conflict or potential <br /> conflict, and the reasons why, despite the conflict, <br /> the elected official is able to cast a vote that is <br /> fair, objective, and in the public interest. Such <br /> statement shall be filed within three days of the <br /> vote with the chief clerical officer of the respec- <br /> tive house of the legislature, of the legislative <br /> committee, of the governing authority, or of any <br /> other body in which the vote is taken, as the case <br /> may be, who shall cause the statement to be recorded <br /> in the official journal, minutes, or other official <br /> record of the body. In addition, the elected <br /> official shall be required to file a copy of such <br /> statement as it appears in such published or rec- <br /> orded official journal, minutes, or record, to the <br /> . • • , appropriate ethics body." • <br /> It is therefore the Board's opinion that "A", as an elected <br /> ® official, is eligible to exercise the option contained in Section 1120 <br />
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