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2023-149
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Entry Properties
Last modified
4/1/2024 8:41:45 AM
Creation date
4/11/2023 10:55:32 AM
Metadata
2023-149
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-149
Requesting Party
Adam Marcentel
Agency at Issue
Lafayette Consolidated Government, Civil Service Department
Decision Date
4/5/2023
Law
La. R.S. 42:1112B(1)
La. R.S. 42:1112C
La. R.S. 42:1113A
La. R.S. 42:1119A
Caption
The Code of Governmental Ethics prohibits an immediate family member of Adam Marcentel from being employed within the Civil Service Department of Lafayette Consolidated Government but does not prohibit an immediate family member from being employed in a separate department.
Ethics Subject Matters
Nepotism
Participation
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate <br /> family,or a legal entity in which he has a controlling interest shall bid on or enter into any contract, <br /> subcontract or other transaction that is under the supervision or jurisdiction of the agency of such <br /> public servant. <br /> La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be <br /> employed in his agency. <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 /> 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 agency <br /> La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean <br /> his 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 /> La. R.S. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or <br /> not who is: (i) an administrative officer or official of a governmental entity who is not filling an <br /> elective office; (ii) appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof, (iii) engaged in the <br /> performance of a governmental function; (iv)under the supervision or authority of an elected <br /> official or another employee of the governmental entity. <br /> La. R.S. 42:1102(18)(c)provides that a public employee shall be in such status on days on which <br /> he performs no services as well as days on which he performs services. The termination of any <br /> particular term of employment of a public employee shall take effect on the day the termination is <br /> clearly evidenced. <br /> La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. <br /> La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any <br /> proceeding, application, submission, request for a ruling or other determination, contract, claim, <br /> case, or other such particular matter which the public servant or former public servant of the <br /> governmental entity in question knows or should know: (a) Is, or will be, the subject of action by <br /> the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one <br /> in which the governmental entity has a direct interest. <br /> ANALYSIS <br /> As an employee of LCG, you are a public employee pursuant to La. R.S. 42:1102(18)(a) and a <br /> public servant pursuant to La. R.S. 42:1102(19). Your agency is the Department, pursuant to La. <br /> R.S. 42:1102(2)(a). Additionally,as the director of the Department,you are considered the agency <br /> head of the Department pursuant to La. R.S. 42:1102(3). <br /> Pursuant to La. R.S.42:1119A,no immediate family member of an agency head may be employed <br /> by such agency. Accordingly, your immediate family member could not be employed by the <br /> Page 2 of 3 (BD 2023-149) <br />
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