Meetings
 
Agenda Item
Docket No. 13-221
 
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RE:
Advisory opinion request regarding whether a nominee may be appointed to the Lady of the Sea Hospital Board while his wife is employed with the Lady of the Sea Hospital.
Facts:
The wife of an individual in the process of being nominated to the Lady of the Sea Hospital Board by a member of the Lafourche Parish Council has been employed as a Laboratory Manager/Medical Technologist with the Lady of the Sea Hospital since August 11, 2003. The Lafourche Parish Council would like to know if the appointment of this nominee would violate the Ethics Code.
Law:
La. R.S. 42:1119A prohibits the immediate family member of an agency head from being employed in that agency.

La. R.S. 42:1119C(2) provides an exception to 1119A that allows a public employee who has been continuously employed for a year prior to his immediate family member becoming the head of the agency to continue in that employment.

La. R.S. 42:1112D prohibits an appointed member of any board or commission from participating or being interested in any transaction with his agency involving a member of his immediate family.

La. R.S. 42:1120.4 states that an appointed member of a board or commission is required to recuse himself from voting on a matter if such vote would be a violation of R.S. 42:1112. The recused appointed member of a board or commission would also be prohibited from participating in discussion and debate concerning the matter.

Recommendations:
Adopt the proposed advisory opinion.

Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2013-221 Draft Advisory Opinion
2013-221- Advisory Opinion Request