| Advisory opinion request regarding whether certain persons may be appointed to the position of Treasurer or Secretary for the Natchitoches Parish Fire Protection District No. 7 Board of Commissioners. |
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Gregory Goings, Chairman of the District Board, poses several questions regarding potential appointments to the positions of Treasurer and Secretary for the District Board.
Question 1: Whether Patty Moak may be appointed to the position of Treasurer or Secretary, whether compensated or uncompensated, while her husband, Josh Moak, is the Assistant Fire Chief? The Assistant Fire Chief, an uncompensated position, holds no authority on the District Board or over the Secretary or Treasurer.
Question 2: Whether Donna Marbut may be appointed to the position of Treasurer or Secretary, whether compensated or uncompensated, while her father, Mike Marbut, serves on the District Board?
Question 3: Whether, Lisa Goings, may be appointed to the position of Secretary, if she is not compensated, while her husband, Gregory Goings, serves on the District Board?
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The Natchitoches Parish Fire Protection District No. 7 (District) was created by the Natchitoches Parish Government for the purpose of providing fire protection to the citizens of the District. The District is governed by a Board of Commissioners (Board), appointed by the Natchitoches Parish Government, who are resident taxpayers of the District. The commissioners receive no compensation for their services, forgoing the per diem provided by the relevant legislation. Also, all of the firefighters serving the District are volunteers and receive no compensation for their services.
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La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1113B provides that other than a legislator, no appointed member of a board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in an contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family shall not be precluded from donating services, movable property, or funds to his agency. Nothing herein shall be construed to allow a public servant to make an appointment of a person which is otherwise prohibited by the Code of Ethics.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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