| A request for an advisory opinion, submitted on behalf of the Village of Hall Summit (Pop. 300), concerning the continued employment of the Village's Town Clerk and Village's Clerk of the Water and Sewerage Department. |
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Mike Dowden ("Mr. Dowden") is currently employed as the Town Clerk with the Village and Jenny Dowden ("Mrs. Dowden") is employed as the Clerk for the Village's Water and Sewerage Department. Mr. Dowden and Mrs. Dowden are husband and wife. Mr. Dowden has been the Town Clerk for ten (10) years and does not supervise any Village employees, including Water and Sewerage Department employees. Mrs. Dowden was appointed as the Clerk for the Water and Sewerage Department in January or February 2019 after the prior clerk resigned.
The Village of Hall Summit was created pursuant to the Lawrason Act, operates under a Mayor - Town Council (which consists of three [3] alderman) form of government, and employs five (5) total employees. The following positions are hired/fired by the Mayor and report directly to him: Water and Sewerage Clerk (Mrs. Dowden), water superintendent, sewer superintendent, and RV Park and Community Center Superintendent. The Alderman and the Mayor hired the Town Clerk (Mr. Dowden) and both have the authority to fire him. The Town Clerk is responsible for paying the bills of the Village and collecting revenue from the RV Park owned by the Village of Hall Summit. The Town Clerk does not collect the Water and Sewerage revenue.
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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. 42:1119B provides no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
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Discuss at Board Meeting.
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| Assigned Attorney: |
LaToya D. Jordan |
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