| Advisory opinion regarding whether the Code of Governmental Ethics prohibits Dalton Rainwater from being hired to work in the Baker Police Department while his father is a candidate for Baker Police Chief. Additionally, whether the Code would require Dalton Rainwater to terminate his employment, if his father is elected Police Chief. |
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An advisory opinion request was submitted by Harold Rideau, the Mayor of Baker, regarding two issues. First, he inquired whether the Code would prohibit him from hiring Dalton Rainwater to work in the Baker Police Department while his father is a candidate for Baker Police Chief. Additionally, Mayor Rideau inquired whether the Code would require him to terminate Dalton Rainwater's employment if his father, Darryl Rainwater, is elected Police Chief. Mayor Rideau stated that Darryl Rainwater is a candidate for Baker Police Chief in the March 5, 2016 election.
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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. 42:1119C(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 draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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