| Advisory opinion regarding whether the Code of Governmental Ethics ("Code") prohibits Mangham Alderman Kathryn Carter's husband from being appointed interim police chief while she serves as an alderman. |
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Ms. Carter currently serves as an alderman for the Town of Mangham. She stated that the current Police Chief is in poor health. The Board of Alderman is in search of qualified leadership for the Police Department. She provided that Mangham is a small Town and has a limited population. Her husband, Tracy Carter, is one of the few residents who has the qualifications to become Police Chief. The Mangham Police Chief is an elected position. The Board of Alderman would like to appoint an interim Police Chief until a new election can be held. Additionally, she said she would recuse herself in this matter.
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La. R.S. 42:1113A(1)(a) provides that 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. 42:1102(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 proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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