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Last modified
4/1/2024 8:35:47 AM
Creation date
7/11/2022 10:46:08 AM
Metadata
2020-883
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2020-883
Parties Involved
Bernard Daniels
Joseph Daniels
Eugene Foulcard
Agency at Issue
City of Franklin, Utilities Department
Decision Date
7/8/2022
Law
42:1119
Caption
Consent opinion concerning the employment of Joseph Daniels in the City of Franklin, Utility Department, while his brother,Bernard Daniels, was the Utility Department Director, and Mayor Eugene Foulcard was aware of the familial relationship.
Ethics Subject Matters
Nepotism
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(19) "Public Servant" means a public employee or an elected official. <br /> 3. <br /> La. R.S. 42:1153 provides with respect to penalties: <br /> B. Upon a determination that any public employee or other person has <br /> violated any provision of any law within the jurisdiction of the Board of <br /> Ethics except violations of the Campaign Finance Disclosure Act which <br /> shall be governed by Chapter 11 of Title 18 of the Louisiana Revised <br /> Statutes of 1950, the Ethics Adjudicatory Board may remove, suspend, or <br /> order a reduction in pay, or demotion of the public employee or other <br /> person, or impose a fine of not more than ten thousand dollars, or both. <br /> 4. <br /> La. R.S. 42:1155 provides with respect to penalties: <br /> A. If an investigation pursuant to this Part reveals that any public servant or <br /> other person has violated any law within the jurisdiction of the Board of <br /> Ethics to his economic advantage, and after an adjudicatory hearing on the <br /> matter, the Ethics Adjudicatory Board may order the payment of penalties. <br /> Recovery may include, in addition to an amount equal to such economic <br /> advantage, penalties not to exceed one half of the amount of the economic <br /> advantage... <br /> V. <br /> OPINION: <br /> It is the opinion of the BOE that Bernard Daniels, while serving as the Director of <br /> Utilities for the City of Franklin, and his brother, Joseph Daniels, and Eugene Foulcard, <br /> while serving as the Mayor of Franklin, violated Section 1119 of the Code of <br /> Governmental Ethics. Section 1119A prohibits the employment of immediate family <br /> members of agency heads and members of governing authorities. Section 1119C permits <br /> the employment of an immediate family member of an agency head provided the <br /> Page 7 of 15 <br /> Ethics Board Docket No. 2020-883 <br />
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