2022-394 - Laserfiche WebLink

La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. La. R.S. 42:1102(13)defines "immediate family" of a public servant to include his spouse. La. R.S.42:1119(A)provides that no member of the immediate family of an agency head shall be employed in his agency. La. R.S. 42:1119(C)(2) provides that the Code of Ethics shall not prohibit the continued employment of any public employee where a member of public employees' immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head. La. R.S.42:1112(B)(1)provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, his immediate family member has a substantial economic interest. La.R.S.42:1102(21)defines"substantial economic interest"to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office. (b)The interest that an elected official who is elected to a house,body,or authority has in a position or office of such house,body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter. (c)The interest that a person has as a member of the general public. La. R.S. 42:1112(C) allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code. ANALYSIS The agency of Dr. Rebecca Revels is Madison Middle School pursuant to La. R.S. 42:1102(2)(a)(vi). Dr. Perry Revels is an immediate family member of Dr. Rebecca Revels pursuant to La. R.S. 42:1102(13). As principal of Madison Middle School, Dr. Perry Revels would be the chief executive over Madison Middle School. As a result, Dr. Perry Revels would be considered an agency head over his wife's agency pursuant to La. R.S. 42:1102(3). Generally, La. R.S. 42:1119(A) prohibits the immediate family member of an agency head from being employed in the agency. However, La. R.S.42:1119(C)(2)provides an exception where a public servant has been employed continuously for more than one year prior to the immediate family member becoming agency head. Since Dr. Page 2 of 3 (BD 2022-394)