| Advisory Opinion request regarding the Chairwoman of Lafayette City Council proposing an ordinance that is the subject of litigation involving the law firm that employs her son. |
|
Nanette Cook is a member and Chair of the Lafayette City Council. She asks whether she must recuse herself from introducing and voting on a proposed
ordinance because her son works for the law firm that has sued the City
regarding the substantive matter of the ordinance. The proposed ordinance sets
out basic principles and a fee schedule for public records requests submitted
to the City of Lafayette Consolidated Government. The ordinance would have the
effect of overriding a fee schedule recently instituted by the mayor.
Ms. Cook's son is an associate of the law firm that sued the City on behalf of the
media and journalists, objecting to the mayor's public records fee increase. Ms. Cook's son is not counsel of record on any litigation against
the City, never made an appearance on behalf of the plaintiff against the City,
is not a partner in the law firm, and is a salaried associate at the firm. Mr. Cook stated that her son does not stand to be financially impacted by the
consequences of the litigation nor does she stand to financially benefit in any
way from the passage of the public records ordinance.
|
|
La. R.S. 42:1112B. No public servant, except as provided in R.S. 42:1120,
shall participate in a transaction involving the governmental entity in which,
to his actual knowledge, any of the following persons has a substantial
economic interest:
(1) Any member of his immediate
family.
La. R.S. 42:1102(21)(c): "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.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Mallory Guillot |
|
|