| Advisory opinion request by Charles Schaff regarding the application of La. R.S. 42:1119 to employees of the City of Kenner Fire Department (Fire Department). |
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There are three crews at each fire station within the Fire Department identified as A, B, and C. There are two districts, south and north of the interstate, within the Fire Department. Please reference the attached organizational charts labeled Crew A, Crew B, and Crew C to understand how the crews are situated.
Southside Crew C District Chief Terry Lee is the uncle to Station 39 firefighter Steffon Lee of Crew A. Mr. Schaff is the Station 36 Captain of Crew C and Station 39 operator Stephen Liner of Crew B is his brother-in-law by virtue of his marriage to Mr. Schaff's sister. Jude Dunn is the Captain of Crew A at Station 36 and is the father-in-law of Station 39 operator Matthew Hotard of Crew B. Lawrence DiMaggio is the Station 35 Captain of Crew B and is the brother of Station 38 operator Jamie DiMaggio of Crew C. Finally, Gerard Deist is an operator for Crew C Station 39 and is the brother of operator Jason Deist of Crew A Station 39.
Each crew at each station has one captain. The crew captains are responsible for the supervision of the operators and firefighters, as well as the day to day operations of the station they are assigned. The assignments include, but are not limited to, the reporting of maintenance issues, equipment issues, ordering any necessary supplies for the station. Captains are also responsible for any and all paperwork/reports for calls the station attends and command the scene of an incident prior to a district chief arriving on the scene and assuming command.
Crew captains do not have the authority to give special privileges to any employees such as additional time off or vacation days. Operators are responsible for checking the fire trucks to make sure they are service ready, as well as driving to all calls and operating the trucks on the scene. Operators do not supervise any employees.
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La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed within his agency.
La. R.S. 42:1102(13) provides that "immediate family" it is relates to a public servant means his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1112B 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 member of his immediate family has a substantial economic interest.
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| Assigned Attorney: |
Brett Robinson |
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