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2020-883
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Entry Properties
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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immediate family member has been continuously employed for at least one year prior to <br /> the member of the public employee's immediate family becoming the agency head. <br /> Section 1119D provides a willful violation of this Section shall subject the agency head, <br /> member of the governing authority, the public employee having authority to hire and fire <br /> the employee, the immediate supervisor of the employee, whether or not such persons are <br /> immediate family members of the employee, and such employee, to disciplinary action <br /> and penalties provided by this Chapter. <br /> As the biological brother of Bernard Daniels, Joseph Daniels is an immediate <br /> family member of Bernard Daniels as defined by Section 1102(13) of the Ethics Code. <br /> Bernard Daniels became an agency head when he was appointed the Director of the <br /> Utility Department of the City of Franklin on July 1, 2018. Bernard Daniels' agency was <br /> the Utility Department as defined by Section 1102(2)(a)(vi) of the Ethics Code. As such, <br /> Joseph Daniels could only be employed with the Utility Department for the City of <br /> Franklin if he had been continuously employed with the Utility Department for at least <br /> one year prior to Bernard Daniels becoming the Director in July 2018. Bernard Daniels <br /> was currently employed as the Director of the Utility Department at the time Joseph <br /> Daniels was first employed with the Utility Department in 2020. Therefore, Joseph <br /> Daniel's employment with the Utility Department was prohibited. <br /> Eugene Foulcard, as the Mayor of the City of Franklin is a public employee and <br /> public servant as defined by Sections 1102(18) and (19) of the Ethics Code. Eugene <br /> Foulcard, in his capacity as the Mayor of the City of Franklin had the authority to hire and <br /> Page 8 of 15 <br /> Ethics Board Docket No. 2020-883 <br />
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