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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 retired 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. Based upon the forgoing, as Human Resource Director for the Parish, you request the advice of the Board as to whether Mr. Hulin may be promoted to Facility Maintenance Supervisor without creating an ethics violation or whether Ms. Hulin must terminate her employment in order for her husband to accept the promotion.
In the event such an arrangement is not a violation of Section 1119 of the Code, the Parish has submitted the following disqualification plan in accordance with Section 1112C and Chapter 14 of the Rules for the Board of Ethics. The Parish states the plan will completely remove Mr. William Hulin from any responsibility regarding employment and/or personnel matters concerning his wife, Ms. Christine Hulin. The Parish plans to remove Mr. Hulin from any personnel transactions involving his wife by having all such matters approved by Assistant Maintenance Supervisor, Mr. Daniel Carpenter. The Assistant Maintenance Supervisor will act as the delegated authority for all personnel actions of Ms. Hulin including evaluations, merit increases, promotions, and disciplinary actions.
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The Board took up this matter at the June Board meeting, and requested a disqualification plan prior to rendering an opinion.
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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 and approved the proposed disqualification plan.
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| Assigned Attorney: |
Brent Durham |
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