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2019-266 (2)
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2019-266 (2)
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Last modified
7/12/2021 10:14:33 AM
Creation date
6/24/2019 3:59:48 PM
Metadata
2019-266 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-266
Requesting Party
Hon. M. David Freneaux
Agency at Issue
Central City Council
Decision Date
6/21/2019
Law
La. R.S. 42:1112A
La. R.S. 42:1113A(1)(a)
Caption
Reconsideration of an Advisory Opinion whereby because of unique circumstances, the Code of Governmental Ethics would not prohibit M. David Freneaux from settling a lawsuit with the City of Central while he serves as a Councilman for the city, however he should recuse himself from participating in matters before the City of Central involving the lawsuit or settlement thereof.
Ethics Subject Matters
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STATE OF LOUISIANA <br /> 4 aF",;(4,''. DEPARTMENT OF STATE CIVIL SERVICE <br /> sScit�iik r,p;_ LOUISIANA BOARD OF ETHICS <br /> P.O. BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> MFie" J <br /> ,,,,,o (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> June 24, 2019 <br /> Hon. M. David Freneaux <br /> Councilman, City of Central <br /> Post Office Box 78081 <br /> Baton Rouge, LA 70837 <br /> Re: Ethics Board Docket No. 2019-266 <br /> Dear Mr. Freneaux: <br /> The Louisiana Board of Ethics, at its June 21, 2019 meeting, considered your request for <br /> reconsideration of an advisory opinion as to whether the you may settle a lawsuit you filed against <br /> the City of Central while you are a Councilman for the City of Central. <br /> FACTS PROVIDED <br /> You stated that you were recently elected to the City Council for the City of Central, and assumed <br /> office on January 1, 2019. You further provided that you had filed a lawsuit against the City of <br /> Central in 2015 involving a public records request and which lawsuit is still pending. Named as <br /> defendants in the lawsuit were the Mayor, the City Clerk, and a private contractor that administers <br /> the public records for the City of Central. You stated that all elected officials who were in office at <br /> the time the lawsuit was filed are no longer in office. You stated that you would like to settle the <br /> lawsuit against the City of Central whereby you might be entitled to receive damages,attorney's fees, <br /> and costs associated with the filing of the lawsuit. <br /> LAW <br /> La.R.S.42:1112A prohibits a public servant,except as provided in R.S.42:1120,from participating <br /> in a transaction in which he has a personal substantial economic interest of which he may be <br /> reasonably expected to know involving the governmental entity. La. R.S. 42:1120 provides that if <br /> any elected official, in the discharge of a duty or responsibility of his office or position, would be <br /> required to vote on a matter which vote would be a violation of R.S.42:1112,he shall recuse himself <br /> from voting. An elected official who recuses himself from voting pursuant to this Section shall not <br /> be prohibited from participating in discussion and debate concerning the matter,provided that he <br /> makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to <br /> his participation in the discussion or debate and prior to the vote that is the subject of discussion or <br /> debate. Also, La. R.S. 42:1113A(1)(a) prohibits a public servant, or a member of his immediate <br /> family, or legal entity in which he has a controlling interest from entering into transactions that are <br /> under the supervision or jurisdiction of the public servant's agency. <br /> CONCLUSION <br /> The Board concluded and instructed me to inform you that based on the unique circumstances of this <br /> situation,the Code of Governmental Ethics would not prohibit you from entering into a settlement <br /> with the City of Central while you serve as a member of the Central City Council. The Board also <br /> concluded, and instructed me to inform you, that you should recuse yourself from participating in <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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