2024-291 - Laserfiche WebLink

La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency. La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean 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. La. R.S. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv)under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As an employee of the Maintenance Division, Randy McCollum is a public employee pursuant to La. R.S. 42:1102(18)(a) and a public servant pursuant to La. R.S. 42:1102(19). His agency the Maintenance Division, pursuant to La. R.S. 42:1102(2)(a). As Austin McCollum is the son of Randy McCollum,they are immediate family members,pursuant to La. R.S. 42:1102(13). Pursuant to La. R.S. 42:1119A, if Randy McCollum were the Maintenance Division agency head, no member of his immediate family be employed by the Maintenance Division. As Randy McCollum is not an agency head, pursuant to La. R.S. 42:1102(3), the Code would not prohibit Austin McCollum from being hired by the Maintenance Division. Pursuant to La. R.S. 42:1112B(1), Randy McCollum is prohibited from participating in any transaction in which his immediate family member has a substantial economic interest. Accordingly, Randy McCollum would be prohibited from participating any transaction in which Austin McCollum has a substantial economic interest. As his direct supervisor, Randy McCollum would be in a position to affect Austin's employment. La. R.S. 42:1112C permits Randy McCollum to submit a disqualification plan to avoid a violation of La. R.S. 42:1112B(1). Accordingly, prior to Randy McCollum accepting a promotion to EVT II, he should submit a disqualification which meets the requirements of the Board pursuant to Louisiana Administrative Code Title 52, Chapter 14, Section 1402, in order to prevent a violation of the Code. CONCLUSION The Board concluded, and instructedme to inform you, that the Code does not prohibit the Maintenance Division from hiring Austin McCollum while Randy McCollum is also employed by Page 2 of 3 (BD 2024-291)