| Advisory opinion request from Governor John Bel Edwards regarding whether La. R. S. 42:1119 would prohibit Kaleb Reeves, a Cadet in the Louisiana State Police Training Academy, from being employed by the Louisiana State Police if his father, the interim Deputy Secretary of Public Safety and Superintendent of State Police, Kevin Reeves, was permanently appointed to that position. |
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On March 22, 2017, Major Kevin Reeves was named the interim Deputy Secretary of Public Safety and Superintendent of Louisiana State Police (LSP) effective March 25, 2017. Mr. Reeves reported to the Governor, prior to his interim appointment, that his son, Kaleb Reeves, was a Cadet in the Louisiana State Police Training Academy.
A timeline for Kaleb Reeves reveals that he applied to take the LSP exam on October 1, 2015. On May 25, 2016, Kaleb Reeves was administered the exam and received a passing score. On June 16, 2016, Kaleb Reeves applied for employment with LSP. On October 12, 2016, a conditional offer of employment was made to Kaleb Reeves. After fulfilling all conditions, on October 27, 2016, a final offer of employment with LSP was issued. On October 28, 2016, almost five months prior to Kevin Reeves being appointed the interim Deputy Secretary of Public Safety and Superintendent of LSP, the offer was accepted.
A Disqualification plan compliant with La. R.S. 42:1112C and Ethics Board Rules was submitted by Kevin Reeves that provides that he is not currently participating in any employment decisions relating to his son or his son's supervisors in his capacity as Deputy Secretary of Public Safety and Superintendent of State Police. The disqualification plan delegates all authority that Kevin Reeves may have now and in the future as Deputy Secretary of Public Safety and Superintendent of State Police, over Kaleb Reeves' employment, to the Chief of Staff, Charles Dupuy.
During the course of the current 2017 legislative session, House Bill 308 was proposed. HB 308 would create an exception to the general nepotism prohibition found in La. R.S. 42:1119. The Bill would allow the continued employment of a cadet or graduate of the state police training academy provided that such public employee has been employed in the classified state police service for a period of at least four months prior to the member of the public employee's immediate family becoming the agency head. The Bill will be retroactive if it passes in its current form.
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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 a limited exception to the general nepotism prohibition and allows the continued employment and normal promotional advancement of a public employee when a member of the public employee's immediate family becomes the agency head of the 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.
La. R.S. 421112B(1) provides 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. 42:1112(C) 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.
Ethics Rules Chapter 14, 1404A The proposed disqualification plan procedure shall be implemented by the employee and his immediate supervisor, and the public employee shall otherwise refrain from participating from the potential transaction until such time as the board has, in writing, provided the public employee, his immediate supervisor, and his agency head with instructions as to the procedure to avoid participation in the prohibited transaction.
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| Assigned Attorney: |
Suzanne Mooney |
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