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2022-394
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2022-394
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Entry Properties
Last modified
4/1/2024 8:39:28 AM
Creation date
7/11/2022 9:24:07 AM
Metadata
2022-394
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-394
Requesting Party
Dr. Charles Butler
Parties Involved
Dr. Rebecca Revels
Dr. Perry Revels
Agency at Issue
Madison Parish School Board
Madison Middle School
Decision Date
7/8/2022
Law
1119
1112
Caption
Advisory opinion that the Code of Ethics does not prohibit the continued employment of a counselor at Madison Middle School if her husband is hired as the principal since she has been employed there for more than one year.
Ethics Subject Matters
Nepotism
Participation
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La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency or any member of a board or commission who exercises supervision over the agency. <br /> La. R.S. 42:1102(13)defines "immediate family" of a public servant to include his spouse. <br /> La. R.S.42:1119(A)provides that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La. R.S. 42:1119(C)(2) provides that the Code of Ethics shall not prohibit the continued <br /> employment of any public employee where a member of public employees' immediate family <br /> becomes the agency head of such public employee's agency, provided that such public employee <br /> has been employed in the agency for a period of at least one year prior to the member of the public <br /> employee's immediate family becoming the agency head. <br /> La. R.S.42:1112(B)(1)provides that no public servant shall participate in a transaction involving <br /> the governmental entity in which, to his actual knowledge, his immediate family member has a <br /> substantial economic interest. <br /> La.R.S.42:1102(21)defines"substantial economic interest"to mean an economic interest which <br /> is of greater benefit to the public servant or other person than to a general class or group of persons, <br /> except: <br /> (a) The interest that the public servant has in his position, office, rank, salary, per <br /> diem, or other matter arising solely from his public employment or office. <br /> (b)The interest that an elected official who is elected to a house,body,or authority <br /> has in a position or office of such house,body, or authority which is required to be <br /> filled by a member of such house, body, or authority by law, legislative rule, or <br /> home rule charter. <br /> (c)The interest that a person has as a member of the general public. <br /> La. R.S. 42:1112(C) allows a disqualification plan to be developed in accordance with rules <br /> adopted by the Board to remove a public servant from participating in transactions that would <br /> otherwise present violations of Section 1112 of the Code. <br /> ANALYSIS <br /> The agency of Dr. Rebecca Revels is Madison Middle School pursuant to La. R.S. <br /> 42:1102(2)(a)(vi). Dr. Perry Revels is an immediate family member of Dr. Rebecca Revels <br /> pursuant to La. R.S. 42:1102(13). <br /> As principal of Madison Middle School, Dr. Perry Revels would be the chief executive over <br /> Madison Middle School. As a result, Dr. Perry Revels would be considered an agency head over <br /> his wife's agency pursuant to La. R.S. 42:1102(3). Generally, La. R.S. 42:1119(A) prohibits the <br /> immediate family member of an agency head from being employed in the agency. However, La. <br /> R.S.42:1119(C)(2)provides an exception where a public servant has been employed continuously <br /> for more than one year prior to the immediate family member becoming agency head. Since Dr. <br /> Page 2 of 3 (BD 2022-394) <br />
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