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Last modified
4/1/2024 8:35:47 AM
Creation date
7/11/2022 10:46:08 AM
Metadata
2020-883
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2020-883
Parties Involved
Bernard Daniels
Joseph Daniels
Eugene Foulcard
Agency at Issue
City of Franklin, Utilities Department
Decision Date
7/8/2022
Law
42:1119
Caption
Consent opinion concerning the employment of Joseph Daniels in the City of Franklin, Utility Department, while his brother,Bernard Daniels, was the Utility Department Director, and Mayor Eugene Foulcard was aware of the familial relationship.
Ethics Subject Matters
Nepotism
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IV. <br /> PROVISIONS OF LAW: <br /> 1. <br /> Section 1119A of the Ethics Code prohibits an immediate family member of an <br /> agency head from being employed in his agency. Section 1119D of the Ethics Code <br /> prohibits the willful violation of this Section by the agency head or a public employee <br /> having the authority to hire and fire the employee. <br /> Sections 1119A and 1119D of the Ethics Code provide in pertinent part: <br /> §1119. Nepotism <br /> A. No member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> C.(2) The provisions of this Section shall not prohibit the continued <br /> employment of any public employee nor shall it be construed to hinder, <br /> alter, or in any way affect normal promotional advancements for such <br /> public employee where a member of public employee's immediate family <br /> becomes the agency head of such public employee's agency, provided that <br /> such public employee has been employed in the agency for a period of at <br /> least one year prior to the member of the public employee's immediate <br /> family becoming the agency head. <br /> D. A willful violation of this Section shall subject the agency head, <br /> member of the governing authority, the public employee having authority to <br /> hire and fire the employee, the immediate supervisor of the employee, <br /> whether or not such persons are immediate family members of the <br /> employee, and such employee, to disciplinary action and penalties provided <br /> by this Chapter. <br /> Page 5of15 <br /> Ethics Board Docket No. 2020-883 <br />
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