| Request for an advisory opinion by Perry Kirkland, Chairman, Webster Fire District 8 Board of Commissioners, as to whether the Fire Chief's brother can be appointed to the Fire District Board of Commissioners. Webster Parish has a population of 41,207. |
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Webster Parish Fire Protection District #8 (Fire District) in Cotton Valley is a volunteer fire department. The Fire Chief, Terry Gibson, has been in his position for more than 1 year. None of the employees of the fire department receive a salary but are reimbursed for expenses incurred for meetings, training and call-outs for first-responders. There is a vacancy on the Board of Commissioners for the Fire District. Gene Gibson, the brother of the Fire Chief is being considered for the appointment which would be made by the Cotton Valley Town Council.
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In Docket No. 2016-554 the Board opined that the Code of Governmental Ethics would not prohibit a woman from serving on the Board of Commissioners of the St. Landry Parish Fire District #3 while her brother-in-law and husband serve as employees of the Parish Fire District #3.
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La. R.S. 42:1119A prohibits a member of the immediate family of an agency head from being employed in his agency.
La. R.S. 42:1113B prohibits a member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1112B(1) prohibits a public servant, except as provided in R.S. 42:1120, from participating 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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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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