| An advisory opinion request from the City Attorney for the Town of Mooringsport regarding whether Marilyn Miller may be employed as Town Clerk while her brother and father are employed as water operators for the Town of Mooringsport. |
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The Mayor of the Town of Mooringsport is considering hiring Marilyn Miller as the Town Clerk. Ms. Miller's brother and father have been employed as water operators for the Town of Mooringsport since July, 2003. The Town Clerk is required to collect the water bills, but has no supervisory control over water operators, including the authority to hire, fire, or dictate their job duties. The Town Clerk does not review or approve time cards or reimbursements of the water operators, but does sign all checks along with the Mayor and Mayor Pro Tem. However, the checks and/or payments are approved by the Mayor and Town Council only.
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Section 1119C(2) of the Code of Governmental Ethics allows the continued employment of any public employee and does not 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 his agency, provided that the 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.
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Adopt the advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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