Agenda Item
Docket No. 19-358
Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Stephen Nunnery's daughter, Megan Nunnery, from continuing her employment with the Inspections Department of the City of Zachary if he is promoted to Chief Administrative Officer (CAO).
Mr. Nunnery stated that his daughter has been employed with the City since December 14, 2015. She serves as a Secretary 1 in the inspections Department. He provided that as CAO he will not have any managerial or supervisory responsibility over departments other than the department heads of each department.
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.

La. R.S. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
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.

Adopt draft advisory opinion.
Assigned Attorney: Tracy Barker
2019-358 Request for Opinion
2019-358 Draft Opinion Rev