| Request for reconsideration of an advisory opinion regarding whether Jennifer Jelks may be appointed to the position of Norwood Town Clerk while her husband serves as a member of the Town of Norwood Board of Aldermen. |
|
According to La. R.S. 33:381 and 386, a clerk is a municipal officer that is appointed. At the first regular meeting of the board of aldermen elected after a regular municipal election, the mayor, subject to confirmation by the board of aldermen, shall appoint a clerk. The term runs until the first meeting of the board of aldermen elected at a regular municipal election. Jennifer Jelks was initially appointed to the position of Town Clerk on July 10, 2008. She has been reappointed to that position by the Mayor and confirmed by the Board of Aldermen after each election. Anthony Jelks, her husband, was recently elected to the Board of Aldermen in the last election. The new term for the Board of Aldermen begins on July 1, 2016. At the first meeting following July 1, 2016, the Board of Aldermen will appoint the position of Town Clerk. Ms. Jelks wants to be reappointed to that position.
|
|
The Town's Mayor and Board of Aldermen are requesting the Board reconsider its position and apply the nepotism provisions to this matter rather than R.S. 42:1113A. The Town mistakenly interprets the Board's opinion as changing the Town Clerk's position to a contract position versus an employee position. This is not correct. This issue is a transactional issue, not a contractual issue. State law provides that the position of Town Clerk is an "appointed" position, not a "hired" position. An appointment is a transaction as defined by the Code of Ethics and interpreted by this Board. As such, an immediate family member of a Board of Aldermen is prohibited from entering into a "transaction" that is under the supervision and jurisdiction of the Board of Aldermen. Again, state law requires the Board of Aldermen to approve the appointment of the Town Clerk.
|
|
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102 (23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
|
|
|
Affirm issued advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|