| Advisory opinion from Hammond Councilman Carlee Gonzales and a local business owner regarding whether the Code of Governmental Ethics ("Code") prohibits certain actions if she wins the election for Mayor of the City of Hammond in 2026. |
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Ms. Gonzales intends to run for Mayor of the City of Hammond in the November 3, 2026, election. She was first elected as Council Member, District 2, City of Hammond, Tangipahoa Parish in the November 6, 2018. She was re-elected in the November 8, 2022, election.
Ms. Gonzales is married to Dr. Frederic Ryan Gonzales. They were married in 2013 and have remained married. They have a separate property regime. Dr. Gonzales is the sole owner of G226, LLC, a Louisiana limited liability company ("G226"). On February 4, 2019, G226 acquired a 29.5% interest in Block 49, LLC, a Louisiana limited liability company doing business as Fifths Arcade & Bar ("Fifths"). She poses three questions analyzed below.
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La. R.S. 42:1113A(1)(a): No public servant… or member of such a public servant's immediate family, 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. 42:1113A(1)(c)(i) This paragraph shall not prohibit a public servant, any member of the public servant's immediate family, or legal entity in which the public servant has an economic interest from obtaining basic governmental services from his agency, or entering into transactions arising from the administration or enforcement basic governmental regulations by his agency, which services or regulations are applicable to members of the general public.
La. R.S. 42:1113A(1)(c)( (ii) For purposes of this Section, "basic governmental services" shall include water, sewer, solid waste disposal, police protection, fire protection, public education, recreation, and other similar services afforded to the general public.
La. R.S. 42:1113A(1)(c)(iii) For purposes of this Section, "basic governmental regulations" include taxation, permitting, licensing, inspections, code enforcement, law enforcement, and other similar regulations applicable to the general public.
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(2)(a)(vi) 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. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102 (7) "Controlling interest" means any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102 (8) "Elected official" means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices.
La. R.S. 42:1102(16): "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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