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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 <br /> spouses, his parents, his spouse, and the parents of his spouse. <br /> La. R.S. 42:1102(18)(a) defines "public employee" as anyone, whether compensated or not, who <br /> is: <br /> (i) An administrative officer or official of a governmental entity who is not filling an <br /> elective office. <br /> (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 <br /> entity or an agency thereof, either as a member of an agency, or as an employee thereof. <br /> (iii)Engaged in the performance of a governmental function. <br /> (iv) Under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> La. R.S. 42: 1102(19) "Public servant" means a public employee or an elected official. <br /> ANALYSIS <br /> As a patrolman for the Youngsville Police Department, you are a public servant as defined by La. <br /> R.S. 42:1102(19). Your agency is the Youngsville Police Department as defined by La. R.S. <br /> 42:1102(a)(iv). Since you and Mr. Romero are not married, he is not your immediate family <br /> member as defined by La. R.S. 42:1102(13). As long as you and Mr. Romero are not married, no <br /> conflicts of interest are present under the Code. <br /> La. R.S. 42:1119A prohibits immediate family members of an agency head from being employed <br /> in the agency head's agency. Therefore, once you and Mr. Romero are married, you will each be <br /> a member of the other's immediate family as defined by the Code. Based on the facts presented, <br /> neither of you are an agency head as defined by La. R.S. 42:1102(3). However, you should be <br /> aware of the prohibition in La. R.S. 42:1112B(1), which, after your marriage, prohibits either of <br /> you from participating in a matter involving the Youngsville Police Department in which the other <br /> has a substantial economic interest. You should request another advisory opinion prior to any <br /> participation in a matter which involves the other person. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code does not prohibit you and <br /> Mr. Romero from both working for the Youngsville Police Department as patrolman on the same <br /> or opposite shifts and details while engaged since Mr. Romero is not your immediate family <br /> member. <br /> Page 2 of 3 (2023-431) <br />