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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 />