According to the story in today’s Baton Rouge paper, LA Senate Prez “Doc” Hines, doesn’t believe that it is a conflict of interest for him to vote for a state-backed syrup mill in Bunkie that he and his son-in-law directly benefits therefrom.

“That’s no problem,” Hines, D-Bunkie, said. “He rents it. He pays rent.” The Advocate, November 30, 2006.

Below is the law that Prez Hines needs to read or to have someone read to him.

LA R.S. 42:1101 (B), in part, states the purpose of the law as:

It is essential to the proper operation of democratic government that elected officials and public employees be independent and impartial; that governmental decisions and policy be made in the proper channel of the governmental structure; that public office and employment not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government.

LA 42:1112 (A) states:

No public servant, …, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.

LA RS 42:1102 (13) defines “Immediate family” as:

…[A]s 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 RS 42:1102 (21) defines “substantial economic interest” as:

[A]n economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons….

In such conflicts as pointed out above, Hines has couple of options. LA R.S. 42:1120 (A) provides the following:

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.

Apparently, Prez Hines sees no conflict so it is assumed that he will vote at today’s Bond Commission meeting to approve the Bunkie syrup mill. There it will be of interest to see his written explanation of why his seemingly conflict of interest vote is not a conflict of interest.

This letter would make the best-seller list for holiday reading in Louisiana.

C.B.