| Advisory opinion request regarding whether Kathy Tucker, an assistant with the Desoto Parish Fire District, may continue her employment if her son becomes Fire Chief. |
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Scotty Osborne, member of the Desoto Parish Fire District 2 Board, states that Kathy Tucker is a paid assistant for the Fire Department. She has served in the position for more than nine years. She performs many duties such as taking minutes, balancing accounts, making reports, corresponding with insurance. She has been on the payroll a number of years. She attends all board meetings.
Noel Tucker, son of Kathy Tucker, has been with the fire department for more than five years as a volunteer. He has risen to the top in the fire department mainly because of his knowledge of so many aspects of firefighting, equipment, medical expenses and just plain experience. He serves as a Volunteer Fire Chief and EMT on the ambulance for the parish. The District has purchased and provided a vehicle that is equipped with EMT supplies and used as a take home vehicle. It has proven effective as a first response vehicle many times. Mr. Tucker is not paid in the current position. The Fire District would like to pay Mr. Tucker as a fire chief.
Noel Tucker uses the vehicle to get to the incident as fast as possible. This allows him to advise other volunteers on what equipment that need to bring. You stated that he does use the vehicle to get to his job at District 8 but has the ability to leave for emergencies in District 2. District 2 pays for the gas used by this vehicle.
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Section 1119A prohibits a immediate family member of an agency head from being employed in his agency.
Section 1119C allows the continued employment and normal promotional advancement of an immediate family member if he was employed for more than one year prior to the public employee's immediate family member becoming an agency head.
Section 1111A(1) of the Code states that no public servant shall receive anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
Section 1112B(1) prohibits a public servant from participating in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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