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Advisory opinion regarding whether Ms. Lisa Babin (a current employee of the West Baton Rouge Parish Water District No. 2) may be employed by the Utility Department for the West Baton Rouge Parish Council while Mr. Daryl Babin (Ms. Babin's husband's brother) is the director of the Utility Department. |
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The Parish Council is considering abolishing the West Baton Rouge Water District No. 2. Recently the Department of Health and Hospitals (DHH) has advised that water serviced in the area should be under one governing authority/supplier. As the result, the Parish Government and Water District No. 2 decided that it was in the best interest of Water District No. 2 customers that the District be abolished and the Parish Utility Department take over the District customers.
Mr. Daryl Babin is the Director of the Utility Department for the West Baton Rouge Parish Council. Mr. Babin is appointed by the Parish President, Mr. Riley Berthelot, Jr., and confirmed by the Parish Council as the Director of the Utility Department pursuant to the parish home rule charter. Mr. Babin has been Utility Department Director since 2004. Lisa Daigle Babin, the wife of Mr. Daryl Babin's brother, is currently employed by the West Baton Rouge Water District No. 2. She has been employed by Water District No. 2 for approximately four years. Based upon these facts, as attorney for the West Baton Rouge Parish Council, you seek the Board's advice as to whether Ms. Babin may seek employment in the Utility Department while her brother-in-law is Director.
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Section 1119 of the Code of Ethics prohibits members of the immediate family of a member of a governing authority from being employed by the governmental entity.
Section 1102(13) of the Code, "immediate family" as the term relates to a public servant means 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 advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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