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2017-156 (2)
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2017-156 (2)
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Last modified
7/12/2021 11:06:15 AM
Creation date
9/18/2017 8:59:18 AM
Metadata
2017-156 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-156
Requesting Party
Mayor Richie Broomfield
Decision Date
9/15/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit Dodson Equipment from entering into transactions with the Village of Dodson, after a disclosure plan is filed witht he Board, while the Dodson Mayor's father owns Dodson Equipment. However, a disclosure plan should include a plan to recuse the Mayor from participating in any transactions involving Dodson Equipment Company.
Ethics Subject Matters
Participation
Recusal
Prohibited Contracts
Prohibited Sources
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STATE OF LOUISIANA <br /> /*Torii, DEPARTMENT OF STATE CIVIL SERVICE <br /> s;99; LOUISIANA BOARD OF ETHICS <br /> f; j,;' ,f,11 = P.O.BOX 4368 <br /> 1;Z'‘,4, BATON ROUGE,LA 70821 <br /> `Ow'r. ,,, (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> September 18,2017 <br /> Mayor Richie Broomfield <br /> Village of Dodson <br /> P.O. Box 86 <br /> Dodson,Louisiana 71422 <br /> Re: Louisiana Board of Ethics <br /> Docket No. 2017-156 <br /> Dear Mayor Broomfield, <br /> The Louisiana Board of Ethics, at its September 15, 2017, meeting, considered your request for <br /> a reconsideration of a previously issued advisory opinion as to whether the Village of Dodson <br /> can conduct business with Dodson Equipment Company, which is owned by your father, Rich- <br /> ard Broomfield. The population of the Village of Dodson is 337. <br /> Act 408 of the 2017 Legislative Session amended La. R.S. 42:1123(22)(a) now provides an excep- <br /> tion to the Code of Government Ethics (Code) to allow a mayor or member of a governing au- <br /> thority with a population of five thousand or less, or an immediate family member of such a <br /> mayor or governing authority member, or a legal entity in which such a mayor,governing author- <br /> ity member, or immediate family member has a controlling interest, to enter into any transaction <br /> that is under the supervision or jurisdiction of the municipality. However, La. R.S. <br /> 42:1123(22)(B) requires the municipality submit a disclosure plan to the Board of Ethics prior to <br /> the municipality entering into any transactions with the immediate family member's legal entity. <br /> As a result, the Board concluded, and instructed me to inform you, that Dodson Equipment <br /> Company is not prohibited by the Code from entering into transactions with the Village of <br /> Dodson while you serve as Mayor. However, prior to any transactions, the Village of Dodson <br /> must submit a plan for approval by the Board. <br /> The Board further concluded, and instructed me to caution you, that La. R.S. 42:1112B(1) pro- <br /> hibits a public servant from participating in a transaction in which an immediate family member <br /> has a substantial economic interest. As such, the disclosure plan should include a plan to recuse <br /> you from participating in any transactions involving Dodson Equipment Company, pursuant to <br /> La. R.S. 42:1112C. A copy of a recently approved plan is enclosed for your reference. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as pre- <br /> sented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Ethics. If you have <br /> any questions,please contact me at (800)842-6630 or (225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> 2 <br /> David M. Bordelon <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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