| Advisory Opinion Request from the Fire Chief of the Ball Fire Department concerning moving his son-in-law from volunteer to part-time status. |
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Wes Anders currently serves as Fire Chief of the Ball Fire Department ("BFD"), and began serving in that role in 2015 . Chief Anders' son-in-law, Andrew Hawkins, currently serves as a volunteer firefighter with the BFD, and has served in such capacity beginning in November 2015. Due to staffing shortages, Chief Anders desires to promote Firefighter Hawkins to "part-time firefighter status," which would be a paid position with the BFD.
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La. R.S. 42:1119(A) states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119(C)(2) states 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 employees' 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. 42:1119(C)(6) states that the provisions of this Section shall not apply to the employment of a volunteer firefighter or to any decision regarding the employment of a volunteer firefighter by an agency head, a chief executive of a governmental entity, or a member of a governing authority. For purposes of this Paragraph, "volunteer firefighter" shall mean a member of a volunteer fire department who participates in fire and rescue functions and who receives no remuneration for his services, and "decision regarding employment" shall include any decision involving the employment, promotion, discipline, discharge, or assignment of the firefighter.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
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Adopt proposed draft opinion.
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| Assigned Attorney: |
Charles Reeves |
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