Meetings
 
Agenda Item
Docket No. 17-356
 
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RE:
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.
Facts:
Governor Edwards requested an advisory opinion, and subsequent approval of a disqualification plan, as to whether La. R. S. 42:1119 would prohibit Kaleb Reeves, a cadet in the Louisiana State Police Training Academy, from continuing his employment with the Louisiana State Police (LSP) if his father, Kevin Reeves, is permanently appointed as the Deputy Secretary of Public Safety and Superintendent of State Police.
The Governor's Office provided that, on March 22, 2017, Major Kevin Reeves was named the interim Deputy Secretary of Public Safety and Superintendent of LSP, effective March 25, 2017. At the time of the interim appointment, Kaleb Reeves had been employed with LSP for more than four months while he completed the cadet Training Academy. Major Reeves is not currently participating in any employment decisions related to his son.
Additionally, a disqualification plan was submitted in which Major Reeves delegates all authority that he may have now, and in the future as Deputy Secretary of Public Safety and Superintendent of State Police, regarding all aspects of the employment of Kaleb Reeves, to LSP Chief of Staff Charles Dupuy.
Law:


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. 42:1119H provides a limited exception which allows the continued employment and normal promotional advancement 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 public employee's immediate family member 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.



Recommendations:
Adopt draft advisory opinion.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2017-356- Draft Opinion
2017-356 AOR
2017-356- House Bill 308 - Original