According a media account (here) two leges may have violated the state Heh, Heh, Heh, Ethics Law by voting on matters affecting members of their “immediate family.” The case at hand involves an effort to eliminate the 7 assessors in the New Orleans where the son and brother of two of the assessors voted to kill the effort.

I was just asked: “At what point do legislators have to recuse themselves from voting for things that benefit their family members?” The law requires the two leges to recuse themselves from voting OR to file written reasons why the recusal was not necessary.

My response: “When they get caught.”

Below is a copy of the appropriate provisions of the law. Now, that they have been caught, did they or will they comply with the law? A bigger question is does anybody care, especially the media who seemed uninterested in pursuing the question.

C.B.

LA R.S. 42:1112 (B) and (C) states: B. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:

(1) Any member of his immediate family.

C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(1).

LA R.S. 42:1102 (13) defines “immediate family”: as the term relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.

LA R.S. 42:1120 (A) states: If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. Notwithstanding the foregoing, an elected official shall not be required to recuse himself if he prepares and files the statement required by this Section as provided herein. In such case, the elected official shall prepare in writing a statement describing the matter in question, the nature of the conflict or potential conflict, and the reasons why, despite the conflict, the elected official is able to cast a vote that is fair, objective, and in the public interest. Such statement shall be filed within three days of the vote with the chief clerical officer of the respective house of the legislature, of the legislative committee, of the governing authority, or of any other body in which the vote is taken, as the case may be, who shall cause the statement to be recorded in the official journal, minutes, or other official record of the body. In addition, the elected official shall be required to file a copy of such statement as it appears in such published or recorded official journal, minutes, or record, with the appropriate ethics body.