2021-882 - Laserfiche WebLink

QUESTION 7 Whether a prohibited transaction under 1113B would be cured by the recusal of the appointed City Commission member? The Board concluded that recusal as to an application that does not meet the requirements of 1123(34) does not cure a potential violation of the Code. QUESTION 8 Whether the Code would require an appointed member of the City Commission to resign from their public position to avoid a potential violation of the Code? The Board noted that the Code does not require resignation. Instead, an appointed member can choose not to undertake the conduct which would be a violation of the Code. However, if an ap- pointed member of the City Commission chooses to resign in an attempt to prevent a potential violation of any provision of the Code, the post-employment restrictions of La. R.S. 42:1121 will apply. If a member has a question as to the application of these provisions to transactions with their former agency, they should seek an advisory opinion on the issue. CONCLUSION The Board concluded, and instructed me to inform you,that all of the requirements of I I23(34)(a) —(f)must be met in order for the exception to apply to prevent a violation of 1113B.Additionally, the appointed member of the City Commission must recuse himself from any debate, discussion, or vote on any matter which would be a violation of Section 1112. Further, the public servant's recusal pursuant to 1120.4 does not cure a potential violation of 1113 where the requirements of the exception in 1123(34) are not met. The Board further noted that with each of these questions, any analysis as to a specific public servant is highly fact specific as to whether a violation of the Code may occur. Each public servant should request an advisory opinion regarding their specific circumstances. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as pre- sented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. Page 5 of 6 (BD 2021-882A)