| Advisory Opinion Request from 18th Judicial District Attorney's Office (the "JDA"), as to whether a member of the Iberville Parish Council may serve as an employee of the JDA. |
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The JDA serves and is funded by Iberville, West Baton Rouge, and Pointe Coupee Parishes. Specifically the Iberville Parish Council (the "Parish Council") votes on certain funding matters regarding the JDA.
Nadia Jenkins is a member of the Parish Council, and the JDA is interested in hiring Ms. Jenkins as an employee.
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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. 42:1120 provides an exception for an elected official to recuse themselves from voting on matters that violate La. R.S. 42:1112. The official may discuss and debate the matter, provided that he makes the disclosure of his conflict prior to his participation in such debate or discussion and prior to the vote.
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for members of a governing authority for a political subdivision to be the governmental entity.
La. R.S. 42:1102(11) defines "governing authority" to mean the body that exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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