Meetings
 
Agenda Item
Docket No. 16-515
 
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RE:
Reconsideration of an advisory opinion requested by Daniel Broussard on behalf of Lee Stanley regarding whether Lee Stanley may be employed on a part-time basis as Chief of Rapides Parish Fire District No. 12 (Fire District).
Facts:
Mr. Stanley has been the Chief of the Fire District since January of 2000, after being elected by the members within the Fire District and being appointed by the Fire District Board. His son, Zach Stanley, is also a volunteer firefighter for the Fire District.

The Fire District is completely volunteer.

The stated reason for compensating a chief on a part-time basis is due to the time-consuming nature of keeping all the equipment in its best condition and staying current with the Property Insurance Association of Louisiana requirements. The duties of the Chief are to keep all equipment inspected and serviced as required, all trucks operational and serviced as needed, hire the people to perform the work, and being a liaison between the firemen and the Fire District Board. The reconsideration letter states that Lee Stanley's terms of employment would be modified to allow him to be paid for the performance of the duties and responsibilities of his office.


Comments:
The Board originally rendered an opinion stating that Mr. Stanley would be prohibited from contracting with the Fire District. This opinion relied on information that the part-time position would have to be made by a new appointment.
Law:
La. R.S. 42:1113A(1)(a) of the Code prohibits a public servant, a public servant's immediate family, or a legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.

La. R.S. 42:1119C(6) provides that the provisions of the Section shall not apply to the employment of a volunteer firefighter or to any decision regarding the employment of a volunteer firefighter by an agency head, chief executive of a governmental entity, or a member of a governing authority.


Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Brett Robinson
 
 
ATTACHMENTS:
Description:
2016-515 April Opinion
2016-515- Request for Reconsideration of Advisory Opinion
2016-515 - RAO
2016-515- Additional info