| Advisory opinion regarding whether the Code of Governmental Ethics prohibits the Chief Deputy of the Livingston Parish Clerk of Court's Office from running for the Livingston Parish School Board. |
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Kevin Pope is the Chief Deputy of the Livingston Parish Clerk of Court's Office. He is considering running for the Livingston Parish School Board. One of the functions of the Clerk of Court's Office is overseeing elections in the Parish. He has assisted with this process; however, he is not required to assist. Assistance can include sealing and unsealing voting machines, counting supplemental ballets, assisting with qualifying candidates, checking on precincts on election day or any other duties related to elections.
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La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
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.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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