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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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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 <br /> agency. <br /> La. R.S. 42:1102(13) "Immediate family" as the term relates to a public servant means his <br /> children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, <br /> his parents, his spouse, and the parents of his spouse. <br /> ANALYSIS AND CONCLUSION <br /> La. R.S. 42:1119A prohibits an immediate family member of an agency head from being <br /> employed in his agency. A narrow exception to this provision is provided for in La. R.S. <br /> 42:1119C(2) which allows the immediate family members to continue their employment in the <br /> agency when the member of the public employee's immediate family, such as your brother, <br /> becomes the agency head and you have been employed in the agency for a period of at least one <br /> year prior. Since you have been employed for over a year you will be able to continue your <br /> employment with the Department if your brother is appointed as a Commissioner by the Parish <br /> President and approved by the Parish Council. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. <br /> If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Suzanne Q. Mooney <br /> For the Board <br /> Page 2 of 2 (BD 2023-062) <br />
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