| Advisory opinion request regarding
whether the Code of Governmental
Ethics ("Code") prohibits your participation in transactions involving the
St. Bernard Parish Fire Department while your husband is employed with the fire
department and you serve as a member of the St. Bernard Parish Council. |
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Amanda Mones is currently
running for District E on the St. Bernard Parish Council. Her husband, Jason Mones, has been employed
by the St. Bernard Parish Fire Department for 15 years.
The St. Bernard Parish Council approves the Fire Department's operating
budget. The St. Bernard Parish Council
also approves budget amendments for the Fire Department's capital improvements
and maintenance. The St. Bernard Parish
Council has also passed an Ordinance mandating a specific level of fire
protection in District E.
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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 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.
La.
R.S. 42:1102(2)(a)(iv) defines "agency" for public servants of political subdivisions, it shall
mean the agency in which the public servant serves, except that for members of
any governing authority and for the elected or appointed chief executive of a
governmental entity, it shall mean the governmental entity. Public servants of
political subdivisions shall include, but shall not be limited to, elected
officials and public employees of municipalities, parishes, and other political
subdivisions; sheriffs and their employees; district attorneys and their
employees; coroners and their employees; and clerks of court and their
employees.
La.
R.S. 42:1102(13) defines "immediate family" as the term relates to a
public servant to mean 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.
La.
R.S. 42:1102(19) defines "public servant" to mean 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.
La.
R.S. 42:1102(23) defines "transaction involving the governmental
entity" to mean any proceeding, application, submission, request for a ruling
or other determination, contract, claim, case, or other such particular matter
which the public servant or former public servant of the governmental entity in
question knows or should know: (a) Is, or will be, the subject of action by the
governmental entity. (b) Is one to which the governmental entity is or will be
a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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