| Advisory opinion request from Wendy Robichaux regarding her potential employment as an office manager of the Thibodaux location of the Office of Motor Vehicles while her mother is employed by that office. |
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Wendy Robichaux has been employed in the Thibodaux office, without interruption, since she became a motor vehicle compliance analyst 1 in June of 1998. She completed her career progression to a motor vehicle analyst 4 on April 15, 2014. This position requires you to travel to other offices. Her mother, Sheila LeBlanc, has been employed with the Thibodaux office since January of 2004. The applicant pool for the office manager position could originate from a motor vehicle analyst 3 or 4 position. This position would require Wendy Robichaux to directly supervise her mother. However, the office manager's supervisor, a motor vehicle manager, would review and approve any pay increases upon performance, performance reviews, audits, and counseling/disciplinary actions.
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La. R.S. 42:1112B(1) prohibits a public servant from participating in a transaction involving the governmental entity in which, to her actual knowledge, an immediate family member has a substantial economic interest.
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 that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employees' immediate family becomes the agency head of such 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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| Assigned Attorney: |
Brett Robinson |
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