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Request for an advisory opinion regarding whether Mr. William Hulin may be promoted to the Iberia Parish Facility Maintenance Supervisor while his wife serves as custodian of New Iberia's Veterans Memorial Building. |
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Mike Oubre will be retiring effective June 29, 2013. The current Assistant Facility Maintenance Supervisor, Mr. William Hulin, has been recommended to replace Mr. Oubre because of his experience, knowledge, and seniority. Mr. Hulin's wife, Christine, works for the Iberia Parish Government and is custodian of New Iberia's Veteran's Memorial Building. Both Mr. and Ms. Hulin currently report to Facility Maintenance Supervisor, Mike Oubre. Mr. Hulin has seven years of service and Ms. Hulin has three years of service to Iberia Parish Government.
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Section 1119 of the Code of Ethics prohibits the members of the immediate family of a member of a governing authority from being employed by the governmental entity.
Section 1119C(2) of the Code allows the continued employment and normal promotional advancement of an employee whose immediate family member becomes the agency head, provided the employee has been employed at least one year prior to the family member becoming the agency head.
Section 1112B(1) states 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.
"Participate" means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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