Meetings
 
Agenda Item
Docket No. 19-644
 
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RE:
Advisory Opinion request from Deborah G. Gautreaux, Administrator for the Lafourche Ambulance District No. 1, regarding the appointment of her brother-in-law, Wayne Doucet, as a Member of the Board of Commissioners.
Facts:
Deborah Gautreaux has been employed by the Lafourche Ambulance District No. 1 ("District") for twenty years, having served as the Administrator for the last fifteen years. Her sister's husband, Wayne Doucet, was recently appointed to the District's Board of Commissioners by the Lafourche Parish Council.
Law:
La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.

La. R.S. 42:1119C(2) provides an exception that the Code shall not prohibit the continued employment of any public employee, nor in any way affect normal promotional advancements for such public employee where a member of the public employee's immediate family becomes the agency head of the public employee's agency, provided that the public employee has been employed for more than one year prior to the immediate family member becoming the agency head.

La. R.S. 42:1112B(1): 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. 42:1102(13) defines "immediate family member" to include the spouse of a public servant's sibling.

La. R.S. 42:1120.4: If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position would be required to vote on a matter which vote would be a violation of Section 1112, he shall recuse himself from voting. Additionally, he shall be prohibited from participating in discussion and debate concerning the matter.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2019-644 - Adivsory Opinion Draft
2019-644 Request for Opinion