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Ethics: Louisiana's Conflict of Interest Definition

This page is intended to provide general information and does not necessarily address all aspects of this topic.  Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors.  It reflects in summary form statutes/constitutional provisions/legislative chamber rules in effect as of 5/31/2008 or statutes set to take effect shortly thereafter.

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Louisiana's Policy	Statutory Reference
LOUISIANA REVISED STATUTES   TITLE 42.  PUBLIC OFFICERS AND EMPLOYEES   CHAPTER 15.  CODE OF GOVERNMENTAL ETHICS   PART 2.  ETHICAL STANDARDS FOR PUBLIC SERVANTS § 42:1120. Recusal from voting 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. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he verbally discloses the nature of the conflict or potential conflict during his participation in the discussion or debate and prior to any vote taken on the matter.	La. Rev. Stat. Ann. § 42:1120 (2008).
LOUISIANA REVISED STATUTES   TITLE 42.  PUBLIC OFFICERS AND EMPLOYEES   CHAPTER 15.  CODE OF GOVERNMENTAL ETHICS   PART 2.  ETHICAL STANDARDS FOR PUBLIC SERVANTS § 42:1112. Participation in certain transactions involving the governmental entity A. No public servant, except as provided in R.S. 42:1120, 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. 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.    (2) Any person in which he has a substantial economic interest of which he may reasonably be expected to know.    (3) Any person of which he is an officer, director, trustee, partner, or employee.    (4) Any person with whom he is negotiating or has an arrangement concerning prospective employment.    (5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant. 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). D. No appointed member of any board or commission, except as otherwise provided in R.S. 42:1120.1, 1120.2, or 1120.3, shall participate or be interested in any transaction involving the agency when a violation of this Part would result.	La. Rev. Stat. Ann. § 42:1112 (2008).

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Center for Ethics in Government