Meetings
 
Agenda Item
Docket No. 18-401
 
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RE:
Reconsideration of an advisory opinion request as to the application of the Code of Governmental Ethics to the members of the Jefferson Parish Fire Civil Service Board.
Facts:
The Jefferson Parish Fire Civil Service Board (Board) consists of three members. One is selected from a list provided by a local university, the second is appointed by the governing authority, and the third is elected by the members of the East Bank Consolidated Special Services Fire District. The newest member to the Board, Craig Burkett, who was elected by the members of the East Bank Consolidated Special Services Fire District is also a member of the classified fire service and also holds the position of Vice-President of the Jefferson Parish Fire Fighters Association, Local 1374, International Association of Fire Fighters (Union), that represents the employees. Mr. Burkett is paid a small salary by the Union for his services, as well as expenses and a per diem.

La. R.S. 42:457.1 allows an employee of the state or of any political subdivision of the state to voluntarily authorize his employer to withhold from his salary payment of his dues to any professional state or local law enforcement or firefighter association. The amounts withheld must then be remitted to the designated organization. The dues paid by members of the Union entitles them, among other things, to have the Union represent them in matters before the Board.

Comments:
Louis Robein, attorney for the Jefferson Parish Firefighters Association Local 1374 (Union), requests a reconsideration of the advisory opinion as to the following question: Must Mr. Burkett recuse himself from matters brought by the Union, or in which the represents an appellant, because he is an officer of the Union?

The Board's response, in pertinent part, was:

Section 1112(B)(3) of the Code provides that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.

The Ethics Board further concluded, and instructed me to inform you, that Code of Governmental Ethics prohibits the Union from representing its members before the Board while Mr. Burkett serves as Vice-President of the Union and as a member of the Board. La. R.S. 42:1111E prohibits a public servant or a legal entity of which such public servant is an officer, director, trustee, partner, or employee from receiving any thing of economic value for assisting a person in a transaction with the agency of the public servant. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof. The Union is a private entity and therefore would be considered a "person" as defined in the Code. Because the Union receives payment of dues, in part, for its representation of its members before the Board, the Union is prohibited from representing its members before the Board while Mr. Burkett serves as its Vice- President.


Mr. Robein, in his attached position paper, argues that public employees have the constitutional and statutory right to voluntarily join and assist labor organizations in its associated rights to advocate, litigate, or otherwise act collectively on their behalf.


Law:
La. R.S. 42:1111E prohibits a public servant or a legal entity of which such public servant is an officer, director, trustee, partner, or employee from receiving any thing of economic value for assisting a person in a transaction with the agency of the public servant.

La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.

Recommendations:
Reaffirm the advisory opinion in its entirety.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2018-401: Advisory Opinion
2018-401- Original Position Paper Louis Robien