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2022-326
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Entry Properties
Last modified
4/1/2024 8:39:20 AM
Creation date
7/12/2022 12:46:55 PM
Metadata
2022-326
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-326
Requesting Party
Andrew L. Halbrook
Parties Involved
Andrew L. Halbrook
Andrew H. Halbrook
Agency at Issue
Ruston City
Decision Date
7/8/2022
Law
1112B(1)
1120
1119B
1119C(2)
Caption
Advisory opinion that the Code of Ethics does not prohibit the continued employment of the son if his father is elected to the Ruston City Council since the son will have been employed for more than one year prior to his father's election.
Ethics Subject Matters
Nepotism
Participation
Recusal
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Section 1112B(1)prohibits you from participating in a transaction, such as a vote, if your son has <br /> a personal substantial economic interest in the transaction. If he has no personal substantial <br /> economic interest in the budget, you would not be prohibited from voting on the budget. <br /> 3. If a general pay raise for all employees is brought to a vote by the council either in the annual <br /> budget or as an amendment to the annual budget, are you allowed to vote on it? <br /> Section 1112B(1)will not prohibit you from voting on a general pay raise provided your son does <br /> not receive any benefit greater than the other city employees. <br /> 4. If your son is managing a project and the project needs approval from the city council to move <br /> forward, are you allowed to vote on it? <br /> Section 1112B(1) will not prohibit your vote on the general project, provided that your son does <br /> not have a personal substantial economic interest in the project as reasoned in number two above. <br /> If your son does have a personal substantial economic interest in the project, pursuant to Section <br /> 1120 you must recues yourself from the vote; however, you may participate in the discussion as <br /> long as you disclose the potential conflict of interest on the record. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Acts,and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIAN ARD OF ETHICS <br /> Suzanne Q. Mooney <br /> For the Board <br /> Page 3 of 3 (BD 2022-326) <br />
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