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Last modified
4/1/2024 8:38:21 AM
Creation date
3/7/2022 11:28:17 AM
Metadata
2022-041
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-041
Requesting Party
Tracy Wells
Decision Date
3/4/2022
Law
42:1112B(1)
42:1120
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Tracy Wells from qualifying in the Mayor's election for the City of Hammond while her husband, Devon Wells, serve as a Hammond City Councilman. However, should Tracy and Devon Wells serve as elected officals for the City of Hammond, they would be prohibited by the Code from participating in any transaction involving the City of Hammond in which either of them have a substantial economici interest and should recuse themselves from participating in such matters pursuant to La. R.S. 42:1120.
Ethics Subject Matters
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STATE OF LOUISIANA <br /> OF,L°U1s, DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O. BOX 4368 <br /> * * BATON ROUGE, LA 70821 <br /> . oc. (225)219-5600 <br /> '•»o»•" FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.Ia.gov <br /> March 7, 2022 <br /> Mrs. Tracy Wells <br /> 610 Mooney Ave. <br /> Hammond, LA 70403 <br /> Re: Docket No. 2022-041 <br /> Advisory Opinion <br /> Dear Mrs. Wells: <br /> The Louisiana Board of Ethics ("Board"), at its March 4, 2022 meeting, considered your request <br /> for an advisory opinion regarding whether the Code of Governmental Ethics ("Code") would <br /> prohibit you from qualifying as a candidate in the Mayor's race for the City of Hammond while <br /> your spouse, Devon Wells, serves as a Hammond City Councilman. <br /> FACTS PROVIDED <br /> You stated that your husband, Devon Wells, currently serves as a Councilman for the City of <br /> Hammond. Councilman Wells intends to seek re-election to his position in the future. You would <br /> like to run for election as Mayor for the City of Hammond. <br /> LAW <br /> La. R.S. 42:11121)(1) states that no public servant shall participate in a transaction involving the <br /> governmental entity in which, to his actual knowledge, any member of his immediate family has <br /> a substantial economic interest. <br /> La. R:S. 42:1120 provides that if an elected official, in the discharge of a duty or responsibility of <br /> his office or position, would be required to vote on a matter which would be a violation of R.S. <br /> 42:1112,he shall recuse himself from voting. An elected official who recuses himself from voting <br /> pursuant to this Section shall not be prohibited from participating in discussion and debate <br /> concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a <br /> part of the record of his agency prior to his participation in the discussion and debate and prior to <br /> the vote that is the subject of discussion or debate. <br /> CONCLUSION <br /> Page 1 of 2 (BD 2022-041) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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