| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits members of the Jefferson Parish Council from participating in transactions that are permitted by La. R.S. 42:1113A(1)(c). |
|
|
The Jefferson Parish Council seeks clarification on the application of La. R.S. 42:1112B for its members on matters involving the approval of permits and permit renewals, such as alcoholic beverage permits, for businesses in which a council member or a council member's immediate family member has a substantial economic interest, when a council member, a council member's immediate family member, or a legal entity in which a council member has an interest is not prohibited from entering into transactions under the supervision and jurisdiction of the Jefferson Parish Council that arise from the Jefferson Parish Council's administration or enforcement of basic governmental regulations, including permitting, licensing, code enforcement, and other similar regulations applicable to the general public.
|
|
La. R.S. 42:1102(16): "Political subdivision" means any unit of local government, including a special district, authorized by law to perform governmental functions.
La. R.S. 42:1102(11): "Governmental entity" means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102(10): "Governing authority" means the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(18): "Public servant" means a public employee or elected official.
La. R.S. 42:1102(2)(a): "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. (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.
La. R.S. 42:1102(12): "Immediate family" as the term relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
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. 42:1113A(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(14): "Participate" means to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1120: If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion and debate and prior to the vote that is the subject of discussion or debate.
La. R.S. 42:1112B: No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: (1) a member of his immediate family; (2) a person in which he has a substantial economic interest of which he may reasonably be expected to know; (3) a person of which he is an officer, director, trustee, partner, or employee; (4) a person with whom he is negotiating or has an arrangement concerning prospective employment; or (5) a person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
La. R.S. 42:1102(26) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
La. R.S. 42:1102(15): "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(24): "substantial economic interest" means 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 interest 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; or (c) the interest that a person has as a member of the general public.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Jessica Meiners |
|
|