2023-995 - Laserfiche WebLink

La. R.S. 42:1120: If any elected official, in the discharge of a duty or responsibility of his office or position,would be required to vote on a matter which vote would be a violation of R.S.42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter,provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate. Generally, La. R.S. 42:1112(B)(3)prohibits Reginald McMasters from participating in any matter in which the Water Corp. has a substantial economic interest, while Mr. McMasters serves as a member of the Board of Directors for the Water Corp. La. R.S. 42:1120 requires Mr. McMasters to recuse himself from voting on any matter before the Washington Parish Council which may violate La. R.S. 42:1112(B)(3). However, Mr. McMasters is allowed to participate in any discussion and debate provided he discloses his conflict of interest on the record prior to any such discussion or debate. ISSUE N0.3:RECEIPT OF COMPENSATION La. R.S. 42:1111(C)(2)(d): No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered,or to be rendered,to or for any person during his public service unless such services are neither performed for nor compensated by any person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. La. R.S. 42:1102(16) defines"person" as an individual or legal entity, other than a governmental entity or an agency thereof. If the Water Corp. applies for and/or receives funding through Washington Parish, La. R.S. 42:1111(C)(2)(d) prohibits Mr. McMasters from receiving compensation from the Water Corp. in connection with his services as a member of the Water Corp. Board of Directors. Further, La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give,pay,loan,transfer,or deliver,directly or indirectly,to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.Therefore,the Water Corp.would be prohibited by La. R.S. 42:1117 from paying compensation to Mr. McMasters, when the receipt of such compensation would violate La. R.S. 42:1111(C)(2)(d). CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit the Water Corp.from applying for and receiving funding from Washington Parish while Reginald McMasters serves as both a member of the Board of Directors and an elected member of the Washington Parish Council. Further, the Code requires Mr. McMasters to recuse himself from voting on any matter that may come before the Washington Parish Council involving the Water Corp. Page 3 of 4(BD 2023-995)