Meetings
 
Agenda Item
Docket No. 17-169
 
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RE:
Advisory Opinion request by William Goode, on behalf of Devin Hebert, a member of the Crowley Police Department, regarding Captain Janet Kneeland's participation on the Crowley Municipal Fire and Police Civil Service Board in a matter of which she is the subject of a complaint by Corporal Hebert.
Facts:
Crowley Police Officer, Corporal Devin Hebert, has filed a grievance with the Crowley Municipal Fire and Police Civil Service Board, due to alleged actions by Captain Janet Kneeland resulting in harassment, discrimination, hostile work environment, and insubordination. Captain Kneeland serves as the police department's representative member of the Civil Service Board, and is elected by her colleagues.


An investigation into the complaint will be considered in open session at the Civil Service Board's next meeting. The Civil Service Board's decision as to the investigation may result in the reduction of her pay, an order her suspension without pay, her demotion with reduced pay, or her termination.



Corporal Hebert seeks an advisory opinion as to whether Captain Kneeland may participate as a Civil Service Board member during the investigation and discussion.

Law:
La. R.S. 42:1112A states that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1120 provides an exception for elected officials to recuse themselves from voting on matters that violate section 1112 of the Code. The elected officials may participate in the discussion and debate, provided he discloses the conflict on the record prior to any discussion and vote.

La. R.S. 42:1102(9) defines "elected official" as any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices.


La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.



La. R.S. 33:2476. Municipal fire and police civil service boards

B.(1)(a) To be eligible for appointment or to serve as a member of a board, a person shall be a citizen of the United States of America, a resident of the municipality in which he is to serve for at least five years next preceding his appointment, and, at the time of his appointment, shall be a qualified voter of the municipality.

(b) However, with respect to the two members elected from the municipal fire and the municipal police departments, such members shall be residents of the parish in which the municipality they are to serve is located for a period of at least five years preceding their appointment upon adoption of resolution so permitting residence location by the local governing authority.




Recommendations:
Adopt the appropriate draft advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2017-169- Advisory Opinion Draft (1120.4)
2017-169- Advisory Opinion Draft (1120)
2017-169 - Memo
2017-169AOR
2017-169- AO 2004-564 (10.19.04)
2017-169- AO 2011-1354