| Advisory Opinion request from Leisa Deshotel, Mayor of Mamou (pop. 2,936), regarding continued public employment, donation of services, and transactions with the town. |
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Ms. Deshotel was elected Mayor, Town of Mamou, Evangeline Parish, in the November 8, 2022 election. She began serving in that role in January 2023. She is the secretary/bookkeeper for the board of the Mamou Fire Protection District No. 1 (the "District"). The District is a subdivision of Evangeline Parish. The Town of Mamou (the "Town") appoints two of the District's five board members.
She is also a notary public. She would be willing to notarize documents for the Town at no charge.
She also owns a convenience store business. Her business is one of three gas stations in the Town of Mamou, and the only station that has a generator.
According to the 2020 census data, the population of the Town is 2,936.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
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. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1123(22) provides that any mayor or member of a governing authority of a municipality with a population of five thousand or less, or legal entity in which he has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality provided that the transactions are under the supervision or jurisdiction of the municipality and the municipality submits a plan to the Board of Ethics for approval in accordance with this Section.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(19) defines "public servant" as 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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