| Advisory opinion request from Steve McManus regarding a potential nepotism violation if he were to be appointed Haughton Fire Chief while his son Aaron McManus works for the Haughton Fire Department. |
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Mr. Steve McManus is retired from the Bossier City Fire Department and would like to apply to become Haughton Fire Chief. He currently serves as a volunteer Fire Fighter for Haughton. Before he applies for the position as Fire Chief he has asked if the Ethics Code would prohibit him from seeking the position while his son Aaron is employed as a full time fire fighter for Haughton. Aaron McManus has been employed by the Haughton Fire Department since May 14, 2012. The Haughton Fire Department has one full time Chief, an Assistant Chief, 3 full time Captains and 6 full time fire fighters.
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La. R.S. 42:1119A. no member of the immediate family of an agency head shall be employed by his agency.
B. No member of the immediate family of the governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
C. The provision of this section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way effect normal promotional advancements for such public employee where a member of the public employees immediate family becomes the agency head of such public employees agency, provided that such public employee has been employed for a period of at least one year prior to the member of the public employees immediate family becoming the agency head.
La. R.S. 42:1112B. No public servant shall participate in a transaction involving the governmental entity in which a member of his immediate family has a substantial economic interest.
La.R.S. 42:1112C every public employee shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this part would result. The procedure for such disqualification shall be established by the regulations issued pursuant to R.S. 42:1134(A)(1).
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Adopt draft advisory opinion
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| Assigned Attorney: |
Suzanne Mooney |
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