2023-915 - Laserfiche WebLink

La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter. La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding,personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. La. R.S. 42:1102(18)(a) defines "public employee"to mean any person,whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof,either as a member of an agency,or as'an employee thereof; (iii)engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(19) defines"public servant"to mean a public employee or elected official. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a)the interest that the public servant has in his position, office, rank, salary,per diem, or other matter arising solely from his public employment or office; (b) the that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c) the interest that a person has as a member of the general public. ANALYSIS Mr. Collins, as an appointed member of HAJP is a public employee, pursuant to La. R.S. 42:1102(18), and is also a public servant pursuant to La. R.S. 42:1102(19). His agency is HAJP, pursuant to La. R.S. 42:1102(2). La. R.S. 42:1112A states that no public servant may participate in a transaction involving his governmental entity in which he has a substantial economic interest. As Mr. Collins is the only resident of Acre Road,he has a substantial economic interest in actions taken by HAJP concerning Acre Road. Accordingly, Mr. Collins is prohibited from participating in any matters relating to Acre Road. La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving his agency in which any person of which he is an officer has a substantial economic interest. Mr. Collins, as President of MTO, is an officer of MTO. Accordingly, Mr. Collins is prohibited from participating in any matters in which MTO has a substantial economic interest. La. R.S. 42:1120.4 provides an exception to La. R.S. 42:1112, allowing Mr. Collins to recuse himself from voting on any matters in which he or MTO has a substantial economic interest. As Page 2 of 3 (BD 2023-915)