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1990-069
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1990-069
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Entry Properties
Last modified
9/22/2011 8:43:51 AM
Creation date
4/29/2010 8:34:25 AM
Metadata
1990-069
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
1990-069
Requesting Party
Louisiana Board of Ethics
Parties Involved
R. T. Young
Gary Magee
Agency at Issue
Bogalusa City School Board
Decision Date
8/29/1991
Law
42:1119C
42:1112
Caption
A consent opinion regarding a member of the Bogalusa School Board voting to promote his half-brother
Ethics Subject Matters
Nepotism
Participation
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ETHICS BOARD <br /> OPINION NO. 90 -069 <br /> PAGE 4 <br /> The term "immediate family" is defined in Section 1102 <br /> (13) of the Code, and includes a public servant's "brother." The <br /> Board has never previously considered the issue of whether a <br /> "half- brother," that is, a person who has one common parent with a <br /> public servant, is a member of a public servant's "immediate <br /> family." It is the opinion of the Board that such a <br /> "half- brother" (or "half- sister ") is a brother (or sister) of a <br /> public servant, and therefore a member of the public servant's <br /> immediate family. <br /> Section 1119 B of the Code, the Ethics Code's <br /> "nepotism" restriction, is not applicable to this case. Section <br /> 1119 B generally prohibits the employment of an individual by an <br /> 411 prohibits whereas the prohibition in Section 1112 B(1) merely <br /> prohibits a public servant's right to participate in <br /> transactions- -i.e., taking part in the actions relating to <br /> employment of a member of the immediate family. Normally both <br /> sections are potentially applicable in any situation involving a <br /> family member hiring. However, in this case Mr. Young had been an <br /> employee of the school board for several years, and his employment <br /> was "grandfathered" pursuant to Section 1119 C of the Code. <br /> Accordingly, the legality of Mr. Magee's status as an employee of <br /> the Bogalusa City School Board, given his half- brother's <br /> membership on the school board, was not at issue. Rather, the <br /> only issue was whether Mr. Young could legally cast a vote or <br /> otherwise participate with regard to the decision. <br />
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