| Advisory opinion request by Chief David McDavid of the Zachary Police Department (Pop. 14,960 in East Baton Rouge Parish) regarding whether there are any conflicts of interest that would arise from the communications supervisor within the Zachary Police Department (ZPD) marrying an employee she supervises. |
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Shawntell Johnson serves as the supervisor of the nine employees in the Communications Division within the ZPD. Ms. Johnson only works day shifts while the remaining employees' shifts vary. Ericka Kelly has served as a communications officer under the direct supervision of Ms. Johnson for two years. Ms. Johnson and Ms. Kelly are scheduled to be married in November of 2017. Multiple employees within the ZPD were listed who could provide the supervisory duties if Ms. Johnson would be prohibited from participating in transactions in which Ms. Kelly had a substantial economic interest.
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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 her agency.
La. R.S. 42:1119C(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employees' immediate family becomes the agency head of such 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. 42:1112B(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to her actual knowledge, any member of her immediate family has a substantial economic interest.
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| Assigned Attorney: |
Brett Robinson |
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