| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") would prohibit the transfer of property by the Hammond City Council to White Investments, Inc., a company in which Carlee White Gonzales owns 16.67%, pursuant to a contract entered into prior to Carlee White Gonzales being elected to the Hammond City Council. |
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Carlee White Gonzales was first elected to the Hammond City Council in 2018 and reelected in 2022.
On August 10, 1982, White Investments, Inc. donated property to the City of Hammond that contained a provision that if the City of Hammond abandoned the property, the property shall revert at no cost to the donors. In 2004, Carlee White Gonzales obtained a 16.67% interest in White Investments, Inc. via an inheritance from her grandmother.
The Mayor of Hammond wants to present to the Hammond City Council an abandonment of a parcel of land containing an unused pump and revert ownership of said property back to the donor, White Investment, Inc. Ms. Gonzales does not intend to participate or vote on the matter that will be presented to the Hammond City Council.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
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(1)(a) No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or 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. 42:1120 If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote 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 or debate and prior to the vote that is the subject of discussion or debate.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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