| Advisory Opinion request from Chauna Banks as to whether the Plan of Government for the City of Baton Rouge of East Baton Rouge Consolidated Government currently have in place provisions that are more restrictive than the restrictions set forth in La. R.S. 42:1121A. |
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Chauna Banks was an elected member of the East Baton Rouge Metropolitan Council ("Metro Council"). Her term ended on December 31, 2024. The Metro Council acts as the legislative body for the City of Baton Rouge/Parish of East Baton Rouge Consolidated Government.
Ms. Banks is involved in several private entities in the local community. Westminster Scotlandville, Inc. offers an affordable rental community for seniors over the age of 62. Moonstar Village Inc. operates to provide housing and wrap-around services to over age foster youth in the local area. Scotlandville Area Foundation provides products, services, and support to enhance the quality of life for the Scotlandville community. Ms. Banks serves as a board member for each of the entities. She is not compensated by any of the entities for her services as a board member. Additionally, she does not have any ownership interest in any of the entities.
In Docket No. 2024-138, Ms. Banks sought a prior advisory opinion while she was still holding elective office as to whether the Ethics Code prohibits these entities from entering into transactions with the City of Baton Rouge for funding and whether she was prohibited from participating in transactions involving these entities while she served as a board member for the entities. In addition, Ms. Banks asked for the post-employment restrictions following the end of her term as a member of the Metro Council.
The Board rendered an opinion finding (1) La. R.S. 42:1113(A)(1)(a) did not prohibit those entities from entering
into a contract, subcontract, or other transaction that are under the
supervision or jurisdiction of the City of Baton Rouge/Parish of East
Baton Rouge Consolidated Government, while Ms. Banks served as an
elected member of the Metro Council. However, Ms. Banks should not sign
the contracts on behalf of the private entities; (2) La. R.S. 42:1112B(3) prohibited Ms. Banks from participating in any
transactions in which a legal entity has a substantial economic interest
and she served as an officer, director, trustee, partner, or employee of
the legal entity. The Code required her to recuse herself from
participating in any such transactions pursuant to La. R.S. 42:1120. However,
since the above entities are public service or civic organizations and
she did not receive any compensation from the entities, La. R.S.
42:1123(1) provided an applicable exception to La. R.S. 42:1112B(3) to
allow her to participate as a member of the Metro Council in
transactions in which these entities had a substantial economic
interest; and, (3) La. R.S. 42:1121A(1) prohibited Ms. Banks, for a period of two years
following the end of her term as an elected member of the Metro Council,
from assisting any person, including the entities listed above, for
compensation in a transaction involving her former agency, the City of
Baton Rouge/Parish of East Baton Rouge.
Ms. Banks presented the advisory opinion rendered by the Ethics Board to the City of Baton Rouge/Parish of East Baton Rouge. The Parish Attorney is allegedly rejecting the advisory opinion and preventing the City of Baton Rouge/Parish of East baton Rouge from entering into a Cooperative Endeavor Agreement with Ms. Banks' companies. Ms. Banks question is whether "the Plan of Government for the City of Baton Rouge of East Baton Rouge Consolidated Government currently have in place provisions that are more restrictive than those referred to under R.S. 42:1113, 42:1123(1), and 42:1121A?"
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La. R.S. 42:1113(A)(1)(a): No public servant… 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. 42:1112B(3): No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: Any person of which he is an officer, director, trustee, partner, or employee.
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
La. R.S. 42:1120 provides the following recusal provisions:
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. 42:1123(1) provides the following exception to the Code:
Participation in the affairs of charitable, religious, nonprofit educational, public service, or civic organizations, bona fide organized public volunteer fire departments when no compensation is received, or the activities of political parties not proscribed by law.
La. R.S. 42:1121A(1): No former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency. La. R.S. 42:1102(16) defines "person" to include an individual or legal entity other than a governmental entity.
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Decline to render advisory opinion for lack of jurisdiction.
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| Assigned Attorney: |
Tracy Barker |
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