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2023-149
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Department. Such prohibition would not extend, however, to their employment by a different <br /> department within LCG. <br /> Pursuant to La. R.S. 42:1113A, no immediate family member of a public servant may enter into a <br /> transaction that is under the supervision of such public servant's agency. Generally, your <br /> immediate family member would not be permitted to submit an application with the Department. <br /> However, the Louisiana Supreme Court, in Hill v. Commission on Ethics for Public Employees, <br /> 453 So.2d 558 (1984), concluded that the renewal of a shop license by a member of the Louisiana <br /> Board of Cosmetology is routine and mechanical since there was no showing that the board was <br /> required to vote or exercise authority with respect to the renewal of licenses. Accordingly,to the <br /> extent that the Department processes applications under objective criteria, your immediate family <br /> members are not prohibited from submitting applications with the Department, provided they are <br /> subject to the same terms and conditions as other applicants. <br /> Finally, pursuant to La. R.S. 42:111213(1), public servants are prohibited from participating in <br /> matters before their agency in which their immediate family members have a substantial economic <br /> interest.Accordingly,you would be prohibited from participating in any job application submitted <br /> by your immediate family member. La. R.S. 42:1112C permits you to submit a disqualification <br /> plan to avoid a violation of La. R.S. 42:111213(1). Accordingly, prior to your immediate family <br /> member applying for employment with LCG, you should submit a disqualification plan which <br /> meets the requirements of the Board pursuant to Louisiana Administrative Code Title 52, Chapter <br /> 14, Section 1402, in order to prevent a violation of the Code. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that the Code prohibits a member of your <br /> immediate family from being employed by the Department, does not prohibit a member of your <br /> immediate family from being employed by another department within LCG, does not prohibit the <br /> submission of a job application by a member of your immediate family to LCG through the <br /> Department, provided that the application is subject to the objective criteria of other applicants, <br /> and prohibits you from participating in any job application submitted by your immediate family <br /> member, for which you should submit a disqualification plan. <br /> Changes to the facts as presented may result in a different application of the provisions of the <br /> Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to <br /> laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure <br /> Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana <br /> Gaming Control Law. <br /> If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISI A BOARD OF ETHICS <br /> harles E. Reeves, Jr. <br /> For the Board <br /> Page 3 of 3 (BD 2023-149) <br />