| Advisory Opinion request of Matthew Robertson with the Alexandria Fire Department regarding any prohibitions of the employment of his son, Alan Robertson, and step-son, Garrett Doyle. |
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Matthew Robertson is employed by AFD as the Training Officer. He is the sole employee in the training department. His duties include providing training requirements for line personnel, including certification classes, officers' training, and driving classes. His immediate supervisor is the Fire Chief, a position currently held by Fire Commissioner Charles Buckhalter.
As part of the employment process, AFD requires all cadets to complete a rookie academy. The rookie academy is structured under the Operations Department, which is supervised by 1st Assistant Chief of Operations, Mickey Christy. During the rookie academy, Matthew Robertson's duties include oversight and evaluation of the instructors, as well as conducting classroom sessions and hands-on drills. All administrative actions, cadet evaluation reviews, and disciplinary actions are handled by 1st Asst. Chief Christy.
Matthew Robertson's son, Alan Robertson, and step-son, Garrett Doyle, are interested in careers with AFD.
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La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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