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2019-327
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Last modified
7/12/2021 10:14:55 AM
Creation date
5/20/2019 4:37:38 PM
Metadata
2019-327
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2019-327
Parties Involved
Representative Nancy Landry
Agency at Issue
Louisiana Legislature
Decision Date
5/17/2019
Law
La. R.S. 42:1121A(1)
Caption
Declaratory Opinion whereby the Code of Governmental Ethics would not prohibit Representative Nancy Landry from serving in the position of Clerk of the House since the position of Clerk of the House is elected and would not result in Rep. Landry contracting with her former agency.
Ethics Subject Matters
Post Employment
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LOUISIANA BOARD OF ETHICS <br /> IN THE MATTER DOCKET NO. 2019-327 <br /> OF <br /> REP. NANCY LANDRY <br /> DECLARATORY OPINION <br /> On March 1, 2019, the Louisiana Board of Ethics ("Board") received a "Request for <br /> Declaratory Opinion" from Attorney R. Gray Sexton, submitted on behalf of Representative <br /> Nancy Landry regarding the propriety of her election by the Louisiana House of Representatives <br /> to the position of Clerk of the House of Representatives following the completion of her term of <br /> office as a State Representative for District 31. <br /> La. R.S. 42:1141.6 provides that upon application of a public servant, other person, or <br /> agency, the Board may declare rights, status, and other legal relations established by the <br /> provisions of the Code of Governmental Ethics ("Code") or by any other law within its <br /> jurisdiction or under the opinions issued by the Board, either before or after there has been a <br /> breach thereof.' The purpose of a declaratory opinion is to settle and afford relief from <br /> uncertainty and insecurity with respect to rights, status, or other legal relations established by the <br /> provisions of the Code.2 The decision of the Board on an application for declaratory opinion <br /> shall be rendered after a public hearing and only after the requesting party, all other interested <br /> parties, and the Board's staff have been afforded a full and complete opportunity to present <br /> evidence, testimony, and argument.3 <br /> Pursuant to the provisions of La. R.S. 42:1141.6 and LAC 52:I.1002, et seq., a public <br /> hearing on the "Request for Declaratory Opinion" was held by the Board on April 12, 2019. <br /> ' La. R.S 42:1141.6A. <br /> 2 La. R.S.42:1141.6C. <br /> 'La. R.S.42:1141.6D. <br /> Page 1 of 5 (No. 2019-327) <br />
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