| Advisory Opinion Request from Michael Hunley, member of Covington Historic District Commission (the "Commission"), as to whether to the Code prohibits his participation in a vote. |
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Mr. Hunley serves as a member of the Commission. In his private capacity, he provided architectural services through a contractor, McMath Construction (the "Contractor"), for a client Christ Episcopal Church (the "Client"). That work (the "Concept Plans") was the subject of a previous decision by the Commission. He recused himself from that decision.
Since his initial work for the project, the Concept Plans have been developed by a civil engineering firm into civil construction documents. The expanded project (the "Civil Construction Project") will be submitted to the Commission. He has not performed any services for the Client or Contractor since the Concept Plans were initially submitted to the Commission.
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La. R.S. 42:1111E(1) provides that no public servant and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, 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 agency of such public servant.
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. 42:1112B(5) prohibits a public servant from participating in a transaction in which a person has a substantial economic interest when the person has a contract with or is owed a thing of economic value from the public servant or a company in which he owns in excess of 25% and by virtue of contract or indebtedness can affect the economic interest of the person.
La. R.S. 42:1161A provides that every agency head shall file confidential reports with the board or panel on any matters that come to his attention which he believes may constitute a violation of this Chapter which is within the board or panel's jurisdiction.
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. 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(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
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 an elected official.
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Adopt proposed advisory opinion. Send copy of adopted opinion directly to the Commission.
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| Assigned Attorney: |
Charles Reeves |
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