| Advisory opinion request regarding whether Gerald Hebert, the son of a member of the Board of Supervisors of the University of Louisiana System, may be employed by the Louisiana Small Business Development Center located at University of Louisiana Lafayette. |
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The Louisiana Small Business Development Center ("LSBDC") located at University of Louisiana Lafayette ("ULL") is considering hiring Gerald Hebert, the son of a member of the Board of Supervisors of the University of Louisiana System ("Board"), E. Gerald Hebert. ULL is one of nine universities under the jurisdiction of the Board. LSBDC is a federal grant program operated through the United States Small Business Administration which funds various sites throughout the state to establish centers to assist small and newly formed businesses. The original grant was written and secured through the work of a professor at the University of Louisiana Monroe who serves as the principal for the grant. ULL applied for a sub-grant and established an LSBDC center which is funded through the primary grant.
Employees of LSBDC receive their compensation and benefits as ULL employees through ULL's payroll office, but ULL receives full reimbursement for the compensation and cost of benefits of employees of LSBDC through the grant. Although the potential employment would be with LSBDC through ULL, members of the Board would have no authority regarding the selection for hire, performance evaluation or job duties. Instead, the candidate would be approved through the ULL hiring process which includes approval by the President of ULL.
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Section 1119A of the Code prohibits an immediate family member of an agency head from being employed by his agency.
Section 1102(3) of the Code defines "agency head" as the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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