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2022-411
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2022-411
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Entry Properties
Last modified
4/1/2024 8:39:30 AM
Creation date
7/11/2022 9:06:34 AM
Metadata
2022-411
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-411
Requesting Party
Tony Hardy & Mike Hardy
Parties Involved
Tony Hardy
Mike Hardy
Agency at Issue
City of Abbeville
City of Abbeville Police Department
Decision Date
7/8/2022
Law
1112B
11119
Caption
Advisory opinion that the Code of Ethics prohibits a councilman for the City of Abbeville from participating in matters involving the City of Abbeville in which his brother has a substantial economic interest; and, prohibits the brother of the Chief of Police for the City of Abbeville from being appointed or employed as a reserve officer for the Abbeville City Police Department.
Ethics Subject Matters
Participation
Nepotism
Prohibited Transactions
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LAW <br /> La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La. R.S. 42:1113A prohibits a public servant's immediate family member from entering into a <br /> transaction that is under the supervision or jurisdiction of the public servant's agency. <br /> La. R.S. 42:1112 provides that no public servant. except as provided in R.S. 42:1120, shall <br /> participate in a transaction <br /> A. in which he has a personal substantial economic interest of which he may be reasonably <br /> expected to know involving the governmental entity. <br /> B.(1 ) involving the governmental entity in which, to his actual knowledge, a member of <br /> his immediate family has a substantial economic interest. <br /> La. R.S. 42:1120 provides that an elected official shall recuse himself from voting on a matter that <br /> would present a violation of R.S. 42:1112. However, he is not prohibited from participating in <br /> discussion and debate concerning the matter, provided that he makes the disclosure of his conflict <br /> or potential conflict a part of the record of his agency prior to his participation in the discussion or <br /> debate and prior to the vote. <br /> La. R.S. 42:1102 Definitions <br /> (3) "Agency head" includes "the chief executive or administrative officer of an agency." <br /> (13) "'Immediate family' as the term relates to a public servant means his children, the spouses <br /> of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, <br /> and the parents of his spouse. <br /> (18) "Public employee" includes a person who is appointed by an elected official, whether the <br /> person is compensated or not. <br /> (19) "'Public servant' means a public employee or an elected official. <br /> (21) "Substantial economic interest"means an economic interest which is of greater benefit to the <br /> public servant or other person than to a general class or group of persons, except: . . . (c) The <br /> interest that a person has as a member of the general public." <br /> (23) "Transaction involving the governmental entity" means any proceeding, application, <br /> submission, request for a ruling or other determination, contract, claim, case or other such <br /> particular matter which the public servant in questions knows or should is one which the <br /> governmental entity is/will be a party, has a direct interest, or requires its action. "A transaction <br /> involving the agency of a governmental entity shall have the same meaning with respect to the <br /> agency." <br /> Page 2 of 4 (BD 2022-411) <br />
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