2022-206 - Laserfiche WebLink

La. R.S. 42:1102 provides the following definitions: (2)(a)(6) "Agency" for a public servant of a political subdivision means the "agency in which the public servant serves. except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity. it shall mean the governmental entity." (3) "Agency head' means "the chief executive or administrative officer of an agency ... " (13) "Immediate family" means a public servant's children, the spouse of his children, his siblings and their spouses, his parents, his spouse and his spouse's parents. (19) "Public servant' means a public employee or an elected official. (18)(a)(i)"Public employee" includes an administrative officer or official of a governmental entity who is not filling an elected office. ANALYSIS As the CAO for the City, Ms. Nottingham is a public servant pursuant to the definitions in La. R.S. 42:1102(19) and (18)(a)(1). Mr. Teustch is a member of his daughter's immediate family as defined by La. R.S. 42:1102(13). The Bossier City Home Rule Charter provides that the CAO shall serve as executive and administrative assistant to the Mayor, performing such duties as assigned by the Mayor. The Mayor appoints, suspends, or removes any City employee, and directs and supervises the administration of all City departments. It appears that the CAO's agency is not limited to the Public Affairs Department and her agency is Bossier City Government, which includes the Legal Department and the Police Department, along with all other City departments. The Mayor is the chief executive officer for the City. As the CAO for Bossier City, Ms. Nottingham only performs those duties as assigned by the Mayor. Therefore, the Mayor is an agency head. However, based on the facts provided, including the City's Home Rule Charter, which provides that the CAO is only responsible for performing those duties assigned by the Mayor, it does not appear that Ms. Nottingham is either the chief executive or administrative officer for the City as contemplated by La. R.S. 42:1102(3). CONCLUSION The Board, concluded, and instructed me to inform, that Ms. Nottingham is not an agency head for the City of Bossier City as contemplated by La. R.S. 42:1102(3). Furthermore, given the fact that the City's Home Rule Charter prohibits the Mayor from delegating responsibilities with respect to the City Attorney's office, which is the Legal Department, and given the Mayor's assurances that Ms. Nottingham will never be delegated duties or responsibilities with respect to the City's Police Department, La. R.S. 42:1119A does not prohibit Mr. Teutsch from being employed by the City in its Legal Department. Page 3 of 4 (BD 2022-206)