| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") would prohibit Tracy Wells from qualifying as a candidate in the Mayor's race for the City of Hammond while her spouse, Devon Wells, serves as a Hammond City Councilman. |
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Devon Wells currently serves as a Councilman for the City of Hammond. Councilman Wells intends to seek re-election to his position in the future. Tracy Wells would like to run for election as Mayor for the City of Hammond.
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La. R.S. 42:1112B(1)
states that no public servant shall
participate in a transaction involving the governmental entity in which, to his
actual knowledge, any member of his immediate family has a substantial economic
interest.
La. R.S.42:1120
provides that if an elected official, in the
discharge of a duty or responsibility of his office or position, would be
required to vote on a matter which 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 and debate and prior to the
vote that is the subject of discussion or debate.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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