| Advisory opinion request concerning any potential conflicts of interest given the fact that two brothers, Tony Hardy and Mike Hardy, were elected to positions with the City of Abbeville. |
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Tony Hardy was elected Abbeville City Councilman, District A, in the March 26, 2022 primary election. Prior to 2019, Tony Hardy served as the Chief of Police for the City of Abbeville. Tony Hardy would like to serve as a reserve police officer.
Mike Hardy was elected Abbeville Chief of Police in the April 30, 2022 general election. Prior to 2002, Mike Hardy served as the Abbeville Chief of Police.
Both Mike Hardy and Tony Hardy will be sworn into office on July 1, 2022. As chief of police, Mike Hardy would have to issue Tony Hardy's commission as a reserve officer.
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La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1113A prohibits a public servant's immediate family member from entering into a transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42:1112 provides that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction . . . A. in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity. . . B.(3) involving the governmental entity in which, to his actual knowledge, a member of his immediate family has a substantial economic interest.
La. R.S. 42:1120 provides that an elected official shall recuse himself from voting on a matter that would present a violation of R.S. 42:1112. However, he is not 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.
La. R.S. 42:1102 Definitions
(3) "Agency head" includes "the chief executive or administrative officer of an agency."
(13) "'Immediate family' as the term relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
(18) "Public employee" includes a person who is appointed by an elected official, whether the person is compensated or not.
(19) "'Public servant' means a public employee or an elected official."
(21) "Substantial economic interest" means 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: . . . (c) The interest that a person has as a member of the general public."
(23) "Transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case or other such particular matter which the public servant in questions knows or should is one which the governmental entity is/will be a party, has a direct interest, or requires its action. "A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency."
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Adopt draft of advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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