| Advisory opinion request regarding whether Victoria Fogleman is prohibited from being appointed as a board member of the St. Landry Parish Fire District Number 7 while her husband, Chris Fogleman, serves as the Fire Chief for the District. |
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Mr. James Dufour, Fire Chief of the District, submitted an advisory opinion request regarding whether the Code would prohibit Victoria Fogleman from being appointed as a District board member while her husband Chris Fogleman serves as the Fire Chief for the District.
Chief Dufour provided that the District is a completely volunteer fire district, and none of the employees or board members receive compensation. Further, Chief Dufour stated that Chris Fogleman has been employed with the District for over 4 years. Chief Dufour provided that he intends on retiring this month and the District has selected Chris Fogleman to replace him as Fire Chief. Also, Chief Dufour provided that the District would like know if it is prohibited from appointing Virginia Fogleman as a member of the District board. Finally, Chief Dufour stated that Chris Fogleman would not participate in the appointment of his wife.
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La. R.S. 42:1112 B(1) prohibits public servants from participating in transactions involving their agency in which an immediate family member has a personal substantial economic interest.
La. R.S. 42:1119B.(1)No member of the immediate family of a member of a governing authority 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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