|
Advisory opinion regarding whether Wendell Benoit may serve as a substitute Fire Captain and a Fire Engineer of the Sulphur Fire Department while his son, Josh Benoit, serves as a Firefighter First Class with the Sulphur Fire Department. |
|
Wendell Benoit has been employed since May 18, 1999. His son, Josh Benoit, was employed on June 25, 2007. At this time, Mr. Wendell is a substitute Fire Captain, which makes him the supervisor of an engine company in all emergency situations, and the possibility of being in charge of an emergency operation of the whole shift in some situations.
In his normal position, Mr. Wendell is a Fire Engineer, and the firefighters are still under the Fire Engineer. Mr. Josh is a Firefighter First Class assigned to an Engine Company. A Firefighter First Class is assigned directly under a Fire Captain but, in some situations, may take direction from the Fire Engineer.
The Fire Captain does not have the right to hire or fire anyone, but has the right and responsibility to discipline and take disciplinary action.
At this time, Mr. Wendell and Mr. Josh are not assigned to the same shift. However, additional manpower is regularly requested, which could place Mr. Josh under the direct supervision of his father, Mr. Wendell. The fire department can avoid this in non-emergency situations, but not as easily in emergency situations.
|
|
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119C(2) provides a limited exception to the general nepotism prohibition and allows the continued employment and normal promotional advancement of a public employee when a member of the public employee's immediate family becomes the agency head of the 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. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1112C 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.
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|