| Advisory opinion regarding whether the Code of Governmental Ethics prohibits Robert L. Judge, a member of the Lafayette Library Board of Control, from participating in discussions regarding settlement of a lawsuit where all members of the board in their official capacity are defendants and where Mr. Judge is also a defendant in his individual capacity. |
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Mr. Judge provided that Lillian Lynette Mejia and Melanie Brevis filed a federal lawsuit, Mejia, et al v. LCG et al, in the United States District Court, Western District of Louisiana, Lafayette Division, civil action 6:23-CV-00307, against the Lafayette Consolidated Government (LCG), and all members of the Lafayette Library Control Board and Mr. Judge and several others in their individual capacities. The LGC negotiated a settlement for LGC, the Lafayette Library Board of Control, and all board members in their official capacity.
Mr. Judge's question is whether he can participate when the LGC discusses the potential settlement with the Lafayette Library Board of Control regarding all claims against him and the other board members in their official capacities or whether the Code of Governmental Ethics prohibits Mr. Judge from participating in the discussion and voting on the adoption or rejection of the settlement offer. The discussions should not include any discussion regarding the resolution of the claims against Mr. Judge in his individual capacity.
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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. 42:1102(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(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
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 draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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