| Advisory Opinion Request from Joe Caldarera, as to whether the Code of Governmental Ethics would prohibit him, as a property owner within the jurisdiction of the Kenner Historic District Design Commission (the "HDDC"), from serving as a member of the HDDC. |
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The HDDC is a political subdivision of the State of Louisiana created pursuant to La. R.S. 25:731 et seq. The members of the HDDC are appointed by the Mayor of the City of Kenner, pursuant to La. R.S. 25:733.
Mr. Caldarera currently serves as a member of the HDDC. He currently owns property within the area under the HDDC's jurisdiction.
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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. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or having a substantial economic interest in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
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(17)(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(18) defines "public servant" to mean a public employee or elected official.
La. R.S. 42:1102(24) 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 proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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