| Advisory opinion request as to whether Andrew Crocker, the son of the Fire Administrator for Tangipahoa Parish Rural Fire District #2, may be employed as a part-time employee of the Independence Volunteer Fire Department. |
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The Independence Volunteer Fire Department contracts with the Tangipahoa Parish Rural Fire District #2 (" District") to provide fire and emergency response for the town of Independence and its rural areas. Dennis Crocker, father of Andrew Crocker, is the Fire Administrator for the District. The current fire chief is considering hiring Andrew Crocker to work as a part-time employee for the Independence Volunteer Fire Department. The Fire Administrator for the District has no authority over the daily operation or the employment decisions for the Independence Volunteer Fire Department.
The contract between the District and the Volunteer Fire Department provides that the District will appropriate 7% of ad valorem taxes collected for fire protection services to the Independence Volunteer Fire Department in return for its services in providing fire and emergency response for the town of Independence and its rural areas. The District administers funds and maintains accounting records for the Independence Volunteer Fire Department and requires prior approval from the Fire Administrator for the District for all expenditures through a purchasing system adopted by the Board of Commissioners of the District. All additions or changes to personnel must be ratified by the Board of Commissioners of the District when the annual budget is adopted. The Independence Volunteer Fire Department is required to comply with all policies and procedures adopted by the District. If the Independence Volunteer Fire Department does not take timely action against its members or volunteers who have violated the policies and procedures, the Board of Commissioners of the District has authority to investigate and render a binding decision upon the Independence Volunteer Fire Department.
The contract also states that the Independence Volunteer Fire Department administers its own payroll, is responsible for its own annual report, and is responsible for its own employment decisions. The contract states that all applicants seeking employment with the Independence Volunteer Fire Department must apply directly to the Independence Volunteer Fire Department. In addition, all applicants must sign a waiver acknowledging that they are aware that upon hiring, they will be an employee of the Independence Volunteer Fire Department and not an employee of the District.
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David Maurer, the prior Fire Chief for the Independence Volunteer Fire Department, previously requested an advisory opinion regarding this same matter, but provided incorrect information regarding the responsibilities of the Fire Administrator for the District. The current Fire Chief for the Independence Volunteer Fire Department, Anthony Parrozzo, has requested a reconsideration of the issue based on the corrected information.
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La. R.S. 42:1113A(1)(a) prohibits an immediate family member of a public servant from entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Affirm the previous advisory opinion under BD 2013-105.
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| Assigned Attorney: |
Jennifer Land |
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