| Advisory opinion regarding whether the Code of Governmental Ethics
("Code") would prohibit Kristi Fleming from qualifying as a candidate in the mayor's race
for the City of Mangham while her spouse, Perry Fleming, serves as the Mangham Police
Chief. |
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Kristi Fleming's husband, Perry Fleming, currently serves as the elected police chief in Mangham. You would like to run for election as Mayor for the City of Mangham.
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La. R.S. 42:1112B(1): 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. qualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
La. R.S. 42:1120 provides that if an elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which 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 and debate and prior to the vote that is the subject of discussion or debate.
La. R.S. 42:1102(13) defines "immediate family" to include a public servant's parent.
La R.S. 42:1102(21) "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: (a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public office. (b) The interest 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 draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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