| Advisory opinion request concerning Robbie LeBlanc being appointed to the Board of Commissioners for the Port of South Louisiana by the St. James Parish President, when his father-in-law serves as the Chief Operating Officer for the Port. |
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Dale Hymel has served as the Chief Operating Officer (COO) for the Port since March, 2012. The COO reports directly to the Executive Director for the Port.
St. James Parish President, Pete Dufresne, would like to appoint Mr. Hymel's son-in-law, Robbie LeBlanc to serve as a member of the Port's Board of Commissioners. The appointment must be approved by the Louisiana Senate.
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The advisory opinion request is from Pete Dufresne, St. James Parish President, who is responsible for making the appointment to the Port of South Louisiana ("Port").
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R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency. However, R.S. 42:1119C(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee, 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.
R.S. 42:1112B(1) provides 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,
R.S. 42:1120.4 provides that 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 R.S. 42:1112, he shall recuse himself from voting and from participating in discussion and debate concerning the matter.
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Adopt draft of advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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