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Advisory opinion regarding whether Homer Sullivan, an employee of the Town of Plain Dealing, may be appointed as the Water Superintendent while his wife serves as the Water Clerk. |
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Homer Sullivan was hired by the Town of Plain Dealing as a fire department employee with the caveat that he would do anything the Town needed him to do as well. At this time, his wife had been employed with the Town for at least two (2) years. Mrs. Sullivan is the Water Clerk, who works under the direction of the Town Clerk.
Recently, the Water Superintendent has turned over the job of reading water meters, repairing them, and replacing them to Mr. Sullivan. Mr. Sullivan is seeking an opinion as to whether it is a conflict of interest if he uploads data to his wife's computer about the water meters he reads or repairs?
In addition, Mr. Sullivan seeks an opinion as to whether he may be appointed as the Water Superintendent when the present one retires?
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Additional information was requested in May. No response has been received.
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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. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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.
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Decline to render absent additional information.
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| Assigned Attorney: |
Tracy Barker |
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