| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) would prohibit either Dr. Stephen or Regina Enwefa from serving as the Chairperson of the Department of Speech Language Pathology with Southern University in Baton Rouge while the other is employed in the Department. |
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Advisory opinion request regarding whether Section 1119 of the Code would prohibit either Dr. Stephen or Regina Enwefa from serving as the Chairperson of the Department of Speech Language Pathology with Southern University in Baton Rouge.
Dr. Regina Enwefa has been employed by Southern University as a faculty member within the Department of Speech Language Pathology since January 5, 2005. Her husband, Dr. Stephen Enwefa, has been employed as a faculty member within the Department of Speech Language Pathology since August 14, 2006. As faculty members, neither Dr. Stephen or Regina Enwefa are considered the head of the department. Dr. Stephen or Regina Enwefa asked whether either of them would be prohibited from serving as the Chairperson of the Department of Speech Language Pathology while the other is employed in the same department.
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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. 42:1119C(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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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