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Last modified
7/12/2021 9:53:28 AM
Creation date
6/9/2020 9:34:34 AM
Metadata
2020-371
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-371
Requesting Party
Bruce Danner
Decision Date
6/5/2020
Law
R.S. 42:1112A
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Bruce Danner, City Attorney for the Town of Madisonville, from prosecuting a resident since his participation does not create a personal substantial economic interest.
Ethics Subject Matters
Participation
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STATE OF LOUISIANA <br /> LOpl DEPARTMENT OF STATE CIVIL SERVICE <br /> �w, r ','`',7,z <br /> ��� , . LOUISIANA BOARD OF ETHICS <br /> * \�, * P.O. BOX 4368 <br /> BATON ROUGE, LA 70821 <br /> (ororwts' (225)219-5600 <br /> '•»o»••' FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> June 9, 2020 <br /> Mr. Bruce M. Danner <br /> Attorney at Law <br /> 209 Hwy. 22 West <br /> Suite G <br /> Madisonville, LA 70447 <br /> RE: Docket No. 2020-371 <br /> Dear Mr. Danner: <br /> The Louisiana Board of Ethics,at its June 5,2020 meeting, considered your request for an advisory <br /> opinion as to whether the Code of Governmental Ethics would prohibit you from prosecuting a <br /> resident in the Madisonville Mayor's Court for a violation of a signage ordinance when the signage <br /> in question accuses you of transacting business with the Town of Madisonville. <br /> FACTS PROVIDED <br /> You stated that you are the Town Attorney for the Town of Madisonville and that in your capacity <br /> as Town Attorney you act as the prosecutor in the Mayor's Court. You stated that you have been <br /> charged with prosecuting a resident who has erected a sign on his house criticizing the mayor and . <br /> makes reference to the Town Attorney being involved in a transaction with the Town of <br /> Madisonville. You stated that the mayor has recused himself as the judge in this matter, however <br /> he desires that you prosecute the matter which solely involves the size of the sign and not the content <br /> of the message. <br /> LAW <br /> La. R.S. 42:1112A prohibits a public servant from participating in a transaction in which he has a <br /> personal substantial economic interest of which he may be reasonably expected to know involving <br /> the governmental entity. <br /> CONCLUSION <br /> The Board concluded and instructed me to inform you, the Code of Governmental Ethics (Ethics <br /> Code)would not prohibit you from acting as Town Prosecutor and prosecuting a resident who made <br /> accusations against you relative to you having been involved in a transaction with the Town of <br /> Madisonville. Since your participation as Town Prosecutor does not create a personal substantial <br /> economic interest,there is no violation of the Ethics Code. Should you believe that another type of <br /> conflict would exist, you should seek an opinion from the Louisiana Office of the Disciplinary <br /> Counsel. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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