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2016-1205
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Last modified
7/12/2021 11:03:29 AM
Creation date
1/23/2017 3:50:39 PM
Metadata
2016-1205
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1205
Requesting Party
J. Shannon Womack
Decision Date
1/20/2017
Caption
Advisory opinion that the spouse of the Denham Springs Police Chief would not be prohibited by the Louisiana Code of Governmental Ethics from continuing her employment with the Denham Springs Police Department while her husband serves as Police Chief, since she has been employed with the Department for more than one year prior to her husband becoming the Police Chief and agency head. A disqualification place would need to be submitted for the Board’s approval to prevent any potential violations of La. R.S. 42:1112B(1).
Ethics Subject Matters
Nepotism
Participation
Disclosure - Other
Recusal
Prohibited Transactions
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Chapter 14. Disqualification Pursuant to the Provisions of <br /> Section 1112(C) of the <br /> Code of Governmental Ethics <br /> §1401. Application <br /> A. Every public employee,excluding an appointed member of any board or commission, shall disqualify himself <br /> from participating in a transaction involving the governmental entity when a violation of Section 1112 of the Code <br /> of Governmental Ethics would result. <br /> AUTHORITY NOTE: Promulgated in accordance with R.S.42:1134(A). <br /> HISTORICAL NOTE: Promulgated by the Department of Civil Service,Board of Ethics,LR 23:1300(October 1997). <br /> §1402. Reporting Requirements; General <br /> A. Every public employee, except an agency head, upon determining that he may be compelled to participate in <br /> a transaction involving the governmental entity in violation of Section 1112 of the Code of Governmental Ethics, <br /> shall immediately,and prior to such participation,report the details of the transaction,in writing,to: <br /> 1. his immediate supervisor, <br /> 2. his agency head,and <br /> 3. to the board. <br /> B. Every agency head, upon determining that he may be compelled to participate in a transaction involving the <br /> governmental entity in violation of Section 1112 of the Code of Governmental Ethics,shall immediately,and prior to <br /> such participation,report the details of the transaction, in writing,to his appointing authority and to the board. <br /> AUTHORITY NOTE: Promulgated in accordance with R.S.42:1134(A). <br /> HISTORICAL NOTE: Promulgated by the Department of Civil Service,Board of Ethics,LR 23:1300(October 1997). <br /> §1403. Reporting Requirements; Impact on Governmental Entity and Alternative Measures <br /> A. Upon receipt of such written communication from the public employee, the immediate supervisor of the <br /> public employee, as well as the agency head(or appointing authority, if applicable), shall immediately, and prior to <br /> such participation by the public employee,provide the board, in writing, with a report concerning the impact on the <br /> efficient operation of the governmental entity of the potential participation by the public employee and shall provide <br /> the board with reports as to alternative measures available to the public employee to prevent participation in the <br /> prohibited transaction. <br /> AUTHORITY NOTE: Promulgated in accordance with R.S.42:1134(A). <br /> HISTORICAL NOTE: Promulgated by the Department of Civil Service,Board of Ethics,LR 23:1300(October 1997). <br /> §1404. Action by the Board <br /> A. The proposed disqualification procedure shall be implemented by the public employee and his immediate <br /> supervisor, and the public employee shall otherwise refrain from participating in the potential transaction until such <br /> time as the board has, in writing,provided the public employee,his immediate supervisor,and his agency head with <br /> instructions as to the procedure to avoid participation in the prohibited transaction. <br /> AUTHORITY NOTE: Promulgated in accordance with R.S.42:1134(A). <br /> HISTORICAL NOTE: Promulgated by the Department of Civil Service,Board of Ethics,LR 23:1300(October 1997). <br />
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