| Advisory opinion request concerning Matthew Percy continuing to serve as the Gonzales City Attorney if his father is appointed interim mayor. |
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Matthew Percy was appointed City Attorney by the Gonzales City Council and Mayor Barney Arceneaux. His current term ends in November 2024, when a new mayor takes office. Mr. Percy bills the city at an hourly rate for services he provides as City Attorney. Mr. Percy stated that the work he provides as City Attorney is at the direction and request of the city's Chief Administrative Officer, Chief of Police, and city engineer, and only at the request of the mayor on rare occasions.
Mayor Arceneaux submitted his resignation effective May 1, 2024. The City Council, at its next regular meeting, will vote to appoint someone as Interim Mayor. Mr. Percy's father, Ryland Percy is a candidate for that appointment. Ryland Percy has no economic interest in Matthew Percy's law firm; and, he does not work for, or receive any compensation from, the law firm. Also, Ryland Percy will not be a candidate for mayor in the Fall 2024 election.
Matthew Percy stated that if his father is appointed Interim Mayor, there will be safeguards put in place so that Matthew Percy's services as City Attorney will remain limited to the general nature of operation of the city under the Lawrason Act and civil service statutes.
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La. R.S. 42:1113A(1)(a) states that no public servant, . . ., 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. 42:1112(B)(1) states that no public servant shall participate in a transaction in which he knows that a member of his immediate family has a substantial economic interest.
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Adopt draft of advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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