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2025-348
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2025-348
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Entry Properties
Last modified
12/3/2025 12:35:28 PM
Creation date
11/10/2025 1:20:01 PM
Metadata
2025-348
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2025-348
Requesting Party
Mayor Truong on behalf of the city of Bogalusa
Parties Involved
Troy Tervalon
Gage Tervalon
Agency at Issue
Bogalusa Police Department
Decision Date
11/7/2025
Law
1119
1112
Caption
The Code of Ethics does not prohibit the son of the Assistant Police Chief of the Bogalusa Police Department from being employed with the police department and the Board approved the Disqualification Plan.
Ethics Subject Matters
Nepotism
Participation
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PROPOSED DISQUALIFICATION PLAN <br /> Assistant Chief Troy Tervalon is disqualified and excluded from participating in any duties, <br /> decisions, and/or approvals required by the Bogalusa Police Department that affect the <br /> employment,disciplinary action,and/or salary of Sgt. Gage Tervalon.All duties,decisions, and/or <br /> approvals of matters pertaining to Sgt. Gage Tervalon's employment shall be performed by the <br /> following chain of command: Lieutenant, Captain of his assigned shift,Major assigned to his unit, <br /> and then the Chief of Police. <br /> Law <br /> La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving <br /> the governmental entity in which, to his actual knowledge, any member of his immediate family <br /> has a substantial economic interest. <br /> La.R.S.42:1112C allows a disqualification plan to be developed in accordance with rules adopted <br /> by the Board to remove a public servant from participating in transactions that would otherwise <br /> present violations of Section 1112 of the Code. <br /> La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the agency in which the public servant serves, except that for members of any governing authority <br /> and for the elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. Public servants of political subdivisions shall include,but shall not be limited <br /> to, elected officials and public employees of municipalities, parishes, and other political <br /> subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and <br /> their employees; and clerks of court and their employees. <br /> La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency. <br /> La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected, as the case may be. <br /> La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean <br /> his children,the spouses of his children,his brothers and their spouses,his sisters and their spouses, <br /> his parents, his spouse, and the parents of his spouse. <br /> ANALYSIS AND CONCLUSION <br /> Pursuant to La.R.S.42:1102(a)(iv),Assistant Chief Troy Tervalon's agency is the Bogalusa Police <br /> Department, and Sgt. Gage Tervalon's agency is the Patrol Division of the Bogalusa Police <br /> Department. Pursuant to La. R.S. 42:1102(3), the Chief of Police is the agency head of the <br /> Bogalusa Police Department. As such, Assistant Chief Troy Tervalon is not considered an agency <br /> head for purposes of the Code of Governmental Ethics. <br /> Page 2 of 3 (BD 2025-348) <br />
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