2022-411 - Laserfiche WebLink

ANALYSIS 1. As an elected councilman, Tony Hardy is a "public servant" pursuant to La. R.S. 422:1102(19). As Tony Hardy's brother, Mike Hardy is a member of Tony Hardy's immediate family pursuant to La. R.S. 42:1102(133). Accordingly, La. R.S. 42:1 l 1213(1) prohibits Tony Hardy from participating in a transaction in which Mike Hardy has a personal substantial economic interest. Therefore. Tony Hardy, as an elected councilman, is prohibited from participating in transactions involving Mike Hardy's salary or other matters that may inure to the personal benefit of Mike Hardy, such as adjustments to his salary (Issue Lb.) or related benefits as chief of police (Issues Le. and f.). Tony Hardy would not be prohibited from approving the budget for the Abbeville Police Department provided it does not include any increase to Mike Hardy's salary or related benefits (Issue La.). However. Tony Hardy would not be prohibited from participating in transactions involving other police offers, such as ratifying the appointment of other police officers or adjusting their salaries (Issues I.e and d.) If La. R.S. 42:1112 prohibits Tony Hardy from participating in a matter, La. R.S. 42:1120 prohibits him from voting on the matter, but allows him to participate in the debate and discussion of the matter provided he discloses his potential conflict on the records of the council, prior to the Colnlcll's consideration of the matter. 2. La. R.S. 42:1119A prohibits Mike Hardy's immediate family members from being employed within his agency; and, La. R.S. 42:1113A prohibits Mike Hardy's immediate family members from entering into transactions with his agency. The Code defines a person as a"public employee"whether they are compensated or not. La. R.S. 42:1102(18). Accordingly, even though Tony Hardy would not receive compensation as a reserve officer, he would still be "employed" for purposes of La. R.S. 42:1119A. Furthermore, since Mike Hardy, as chief of police, would be required to issue a commission to Tony Hardy to serve as a reserve officer, the issuance of the commission would be a prohibited transaction, as defined by La. R.S. 42:1102(23), with the police department pursuant to La. R.S. 42:1113A(1)(a). CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits Tony Hardy, as a councilman,from participating in any transaction in which Mike Hardy has a substantial economic interest, which includes issues involving his salary or any other benefits that may inure to his personal benefit. If you have a question about Tony Hardy's ability to participate in a particular matter, you should submit a request for an advisory opinion providing the specific facts regarding that matter. Also, the Board concluded that Tony Hardy is prohibited by the Code from being appointed and employed as a reserve officer for the Abbeville Police Department while his brother serves as the Abbeville Chief of Police. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a, different application of the provisions of the Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Page 3 of 4 (BD 2022-411)