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2022-206
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Entry Properties
Last modified
4/1/2024 8:38:48 AM
Creation date
7/11/2022 9:08:28 AM
Metadata
2022-206
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-206
Requesting Party
Charles Jacobs
Parties Involved
Amanda Nottingham
Terrell Dale Teutsch
Agency at Issue
Bossier City
Bossier City Police Department
Decision Date
7/8/2022
Law
1119
Caption
Advisory opinion that the Code of Ethics does not prohibit the employment of the father of the CAO of Bossier City with the Bossier City Police Department since the CAO is not an agency head.
Ethics Subject Matters
Nepotism
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Rule Charter, Section 4.06(1). the Mayor cannot delegate any responsibilities or duties with respect <br /> to the City Attorney's Office to the CAO. Also, the Mayor has agreed that Ms. Nottingham will <br /> ibilities for the operation and management of the Bossier <br /> not be delegated any duties or respons <br /> City Police Department, and she will not participate in any matters involving her father's <br /> employment. <br /> BOSSIER CITY HOME RULE CHARTER <br /> The City of Bossier City Horne Rule Charter provides, in pertinent part. the following: <br /> 1. Section 4.02 — The Mayor shall be the chief executive officer of the City. All executive and <br /> administrative authority shall be exercised by and through the Mayor except as set forth in this <br /> Charter. <br /> 2. Section 4.06 provides that the mayor has the following powers and duties: (c) appoint, suspend <br /> or remove any city employee, (d) direct and supervise the administration of all city departments; <br /> (1) "may delegate authority for operation and management of all or some, City departments and <br /> all resources therein, with the exception of the City Attorney," and (n) appoint the police chief, <br /> and shall not require city council confirmation. <br /> 2. Section 7.02 - The mayor shall be the head of the Department of Public Affairs and provides <br /> that the mayor shall establish policy and management regulation consistent with the city charter <br /> and ordinances, and prescribe the duties and responsibilities of all city employees. <br /> 3. Section 7.03 - The Chief Administrative Officer shall serve as executive and administrative <br /> assistant to the mayor, performing such duties as assigned by the mayor. <br /> 4. Section 8.01 - The Legal Department shall provide legal guidance to the mayor, city council <br /> and all departments of city government. <br /> 5. Section 8.02 provides that the city attorney shall be responsible for and be the head of the legal <br /> department. <br /> 6. Section 17.02 - The police chief shall be the head of the police department, which includes an <br /> administrative services division. <br /> 7. Section 17.03. - The administrative services division of the police department shall be under the <br /> direction of the police chief, or his designee the deputy police chief, to provide the following <br /> functions: planning and research; personnel, purchasing; budget and payroll; internal affairs; and, <br /> public information. <br /> ISSUES <br /> Is Ms. Nottingham an agency head for the City, which would prohibit her father's employment by <br /> the either the Legal Department or the Police Department? <br /> LAw <br /> La. R.S. 42:1119A provides that "[n]o member of the immediate family of an agency head shall <br /> be employed in his agency." <br /> Page 2 of 4 (BD 2022-206) <br />
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