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2024-953
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2024-953
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Last modified
3/5/2025 11:56:13 AM
Creation date
2/10/2025 2:49:06 PM
Metadata
2024-953
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2024-953
Requesting Party
Julie Romero
Parties Involved
John Heinen
Ricky Heinen
Agency at Issue
Crowley Fire Department
Decision Date
2/7/2025
Law
La. R.S. 42:1119A
La. R.S. 42:1112B(1)
La. R.S. 42:1112C
Caption
The Code of Governmental Ethics does not prohibit John Heinen’s employment with the Crowley Fire Department while his father, Ricky Heinen, serves as a District Chief because he is not an agency head, and the proposed disqualification plan that prohibits Ricky Heinen from participating in any transaction in which his son, John Heinen, has a substantial economic interest is approved by the Board of Ethics.
Ethics Subject Matters
Nepotism
Participation
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La. R.S. 42:1119: No member of the immediate family of an agency head shall be employed in <br /> his agency. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the office, division, agency, commission, board, committee, or other organizational unit in which <br /> he works. <br /> La. R.S. 42:1102(3) defines "agency head"to mean the chief executive or administrative officer <br /> of an agency. <br /> La. R.S. 42:1102(13) defines "immediate family"to include a public servant's siblings. <br /> ANALYSIS <br /> As employees of the Crowley Fire Department, Ricky Heinen and John Heinen would be public <br /> employees pursuant to La. R.S. 42:1102(18)(a) and public servants pursuant to La. R.S. <br /> 42:1102(19). The agency head for the Crowley Fire Department is Chief Louis Romero Jr. <br /> La R.S. 42:1119 does not prohibit John Heinen from being employed with the Crowley Fire <br /> Department since his father is not an agency head. <br /> However, Ricky Heinen is prohibited by La. R.S. 42:1112(B)(1) from participating in any <br /> transaction in which his son, John Heinen, has a substantial economic interest. Therefore, the <br /> proposed disqualification plan above allows Ricky Heinen to avoid violation of La. R.S. <br /> 42:1112B(1). <br /> CONCLUSION <br /> The Board concluded, and instructed me to infonn you, that the Code that the proposed <br /> disqualification plan has been approved. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented <br /> may result in a different application of the provisions of the Louisiana Code of Governmental <br /> Ethics. The Board issues no opinion.as to past conduct or as to laws other than the Louisiana Code <br /> of Governmental Ethics,the Campaign Finance Disclosure Act,the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have <br /> any questions, please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Mallory A. G illot <br /> For the Board <br /> Page 2 of 2 (BD 2024-953) <br />
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