| Advisory opinion request from St. John the Baptist Parish employee, Pamela Perrilloux, regarding whether the Ethics Code would prohibit her from being promoted to Legislative Assistant while her husband Marvin Perrilloux serves as Parish Councilman. |
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Ms. Perrilloux provided that she was hired by St. John the Baptist Parish in 2007 as a utility clerk. In 2009 she applied and was hired to be the Parish Receptionist. She contends that her ultimate goal was to study business and operations in order to qualify for the Legislative Assistant position. Ms. Perrilloux states that she learned that the Legislative Assistant was planning on retiring in the next few years. Prior to 2009, the Legislative Assistant also served as the Parish Receptionist.
In 2011, Ms. Perrilloux's husband was elected to the Parish Council. The Parish President at the time moved Ms. Perrilloux from receptionist to serve as an administrative assistant for the Planning and Zoning/ Code Enforcement Department. Ms. Perrilloux remains employed with the Planning and Zoning and Enforcement Department to date.
Ms. Perrilloux has submitted her application for employment as the Legislative Assistant, as the position has now become available. She has provided that her husband, Councilman Perrilloux, will not participate in the selection.
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La. R.S. 42:1119B(1) states that no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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