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2023-062
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2023-062
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Entry Properties
Last modified
4/1/2024 8:41:32 AM
Creation date
4/5/2023 3:42:16 PM
Metadata
2023-062
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-062
Requesting Party
Melonia McDaniel
Parties Involved
Ivan McDaniel
Agency at Issue
Natchitoches Parish Planning and Zoning Commission
Decision Date
4/5/2023
Law
La. R.S. 42:1119A
La. R.S. 42:1119C(2)
Caption
Melonia McDaniel can continue her employment with the Natchitoches Parish Planning and Zoning Department, if her brother is appointed as Commissioner of the Natchitoches Planning and Zoning Commission since she has been there for more than a year.
Ethics Subject Matters
Nepotism
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STATE OF LOUISIANA <br /> of Lop1s1 DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> * + BATON ROUGE,LA 70821 <br /> cONrioeN�� (225)219-5600 <br /> «o.•' <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> April 6, 2023 <br /> Melonia McDaniel <br /> 164 Marie Street <br /> Natchitoches, Louisiana 71457 <br /> Re: Docket No. 2023-062 <br /> Advisory Opinion <br /> Dear Ms. McDaniel: <br /> The Louisiana Board of Ethics, at its meeting on April 5, 2023, considered your request for an <br /> advisory opinion regarding whether the Code of Governmental Ethics ("Code") prohibits her <br /> brother, Ivan McDaniel, from serving on the Natchitoches Parish Planning and Zoning <br /> Commission("Commission"),while you are employed with the Natchitoches Parish Planning and <br /> Zoning Department("Department"). <br /> FACTS PROVIDED <br /> You have been employed as an administrative assistant with the Department for a year and three <br /> months.Your job duties include gathering exhibits for the Commission meetings and reading them <br /> out loud at the Commission meetings.You provided that you are not a member of the Commission. <br /> You stated that to become a member of the Commission an application to serve to the Parish <br /> President and if he approved he would place that application on the agenda for the Parish Council <br /> to vote to approve the appointment. <br /> LAW <br /> La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La. R.S.42:1119C(2)provides a limited exception to the general nepotism prohibition and allows <br /> the continued employment and normal promotional advancement of a public employee when a <br /> member of the public employee's immediate family becomes the agency head of the public <br /> employee's agency, provided that such public employee has been employed in the agency for a <br /> period of at least one year prior to the member of the public employee's immediate family <br /> becoming the agency head. <br /> La. R.S. 42:1102(2)(a)(i) defines "agency' to mean a department, office, division, agency, <br /> commission, board, committee, or other organizational unit of a governmental entity. <br /> Page 1 of 2 (BD 2023-062) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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