| Advisory Opinion request from JoAnn Rucker, Council Clerk for City of Covington, on behalf of the City of Covington, relating to potential transactions between the City of Covington and the employer of Council Member Larry Rolling. |
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Larry Rolling is a Councilman at Large for the City of Covington (the "City"). Mr. Rolling is also an employee of Action Screen Printers ("ASP"). He has no ownership interest in ASP and does not receive sales commissions.
The City is considering purchasing products bearing the city's logo from ASP. ASP is considering selling such products to third parties, including other employees of the City. The City is considering reimbursing its employees for such purchases. Finally, the City is considering using vendors who may subcontract work out to ASP.
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La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1120 provides an exception for an elected official to recuse themselves from voting on matters that violate section 1112 of the Code. The official may discuss and debate the matter, provided that he makes the disclosure of his conflict prior to his participation in such debate or discussion and prior to the vote.
La. R.S. 42:1111C(2)(d) provides that 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: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1116 provides that no public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, or other person with anything of economic value.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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