| Advisory opinion request regarding Charlotte Luna's continued employment with St. Bernard Parish while her husband, Howard Luna, serves as a member of the St. Bernard Parish Council. |
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Charlotte Luna has been employed with St. Bernard Parish (Parish) since May of 2013, and she currently serves as the manager of the Department of Animal Services. Howard Luna, Charlotte's husband, was recently elected to the Parish Council and commenced his service on January 12, 2016.
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La. R.S. 42:1119B(1) prohibits a member of the immediate family of a member of a governing authority or the chief executive of a governmental entity from being employed by the governmental entity.
La. R.S. 42:1119C(2) allows a public employee that has been employed for at least one year prior to her immediate family member becoming the agency head to continue her employment and receive normal promotional advancements.
La. R.S. 42:1112B(1) prohibits a public servant, except as provided in La. R.S. 42:1120, from participating in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1102(21) provides that "substantial economic interest" means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
La. R.S. 42:1120 provides that if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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