| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits Malcolm Larvadain, a Councilman for the City of Alexandria, from filing a lawsuit in his capacity as a private attorney against the Alexandria Housing Authority. |
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Mr. Larvadain currently serve as the elected Councilman for District One in the City of Alexandria. He stated that he is a practicing personal injury attorney. He would like to know if the Code of Governmental Ethics would prohibit him from filing a lawsuit against the Alexandria Housing Authority.
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La. R.S. 42:1111E (2)(a) No elected official of a governmental entity shall receive or agree to receive any thing of economic value for assisting a person in a transaction or in an appearance in connection with a transaction with the governmental entity or its officials or agencies, unless he files a written statement with the board prior to or within ten days after initial assistance is rendered. (b) For purposes of this Paragraph, "transaction" shall not include a ministerial transaction. "Ministerial transaction" means a transaction that involves routine, administrative communications intended to obtain service, information, or assistance from a public employee whose duties are established in plain and unmistakable terms by law, rule, or regulation. (c) The contents of the written statement required by this Paragraph shall be prescribed by the board and shall include a certification by the elected official filing it that the information contained in the statement is true and correct to the best of his knowledge, information, and belief. The statement shall be a public record. (d) The board shall review all statements filed in accordance with this Paragraph. If the board determines that a statement is deficient or may suggest a possible violation of this Part, it shall, no later than the second regularly scheduled meeting of the board following the receipt of such statement, notify the elected official filing the statement of its findings. Such notification shall be deemed confidential and privileged and shall be made public only in connection with a public hearing by the board for an alleged violation of this Part where such would be relevant to the alleged violation for which the elected official is being investigated.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official. her organizational unit of a governmental entity.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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