Meetings
 
Agenda Item
Docket No. 19-545
 
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RE:
Advisory opinion request regarding the continued employment of James Clarke's daughter with the University of Louisiana at Lafayette if he is appointed to the Board of Supervisors for the University of Louisiana System.
Facts:
James Clarke's daughter has been employed with the University of Louisiana at Lafayette for the past 11 years. Mr. Clarke is being considered for an appointment to the Board of Supervisors for the University of Louisiana System. The Board of Supervisors for the University of Louisiana System oversees the University of Louisiana at Lafayette.
Law:
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.

La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.

La. R.S. 42:1119C(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employee's immediate family becomes the agency head of such 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. 42:1112B(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. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.

Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2019-545 Draft
2019-545 Request for Opinion