1990-069 - Laserfiche WebLink

ETHICS BOARD OPINION NO. 90 -069 PAGE 4 The term "immediate family" is defined in Section 1102 (13) of the Code, and includes a public servant's "brother." The Board has never previously considered the issue of whether a "half- brother," that is, a person who has one common parent with a public servant, is a member of a public servant's "immediate family." It is the opinion of the Board that such a "half- brother" (or "half- sister ") is a brother (or sister) of a public servant, and therefore a member of the public servant's immediate family. Section 1119 B of the Code, the Ethics Code's "nepotism" restriction, is not applicable to this case. Section 1119 B generally prohibits the employment of an individual by an 411 prohibits whereas the prohibition in Section 1112 B(1) merely prohibits a public servant's right to participate in transactions- -i.e., taking part in the actions relating to employment of a member of the immediate family. Normally both sections are potentially applicable in any situation involving a family member hiring. However, in this case Mr. Young had been an employee of the school board for several years, and his employment was "grandfathered" pursuant to Section 1119 C of the Code. Accordingly, the legality of Mr. Magee's status as an employee of the Bogalusa City School Board, given his half- brother's membership on the school board, was not at issue. Rather, the only issue was whether Mr. Young could legally cast a vote or otherwise participate with regard to the decision.