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La. R.S. 42:1119C(2)provides that the provisions of this Section shall not prohibit the continued <br /> employment of any public employee nor shall it be construed to hinder, alter, or in any way affect <br /> normal promotional advancements for such public employee where a member of public <br /> employee's immediate family becomes the agency head of such public employee's agency, <br /> provided that such public employee has been employed in the agency for a period of at least one <br /> year prior to the member of the public employee's immediate family becoming the agency head. <br /> La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, <br /> commission, board, committee, or other organizational unit of a governmental entity. "Agency of <br /> the public servant"and"his agency"when used in reference to the agency of a public servant shall <br /> mean: (vi) For public servants of political subdivisions, it shall mean the agency in which the <br /> public servant serves, except that for members of any governing authority and far the elected or <br /> appointed chief executive of a governmental entity, it shall mean the governmental entity. <br /> La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency ar any member of a board or commission who exercises supervision over the agency. <br /> La. R.S. 42:1102(11) defines "governing authority" to mean the body which exercises the <br /> legislative fimctions of a political subdivision. <br /> La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee ar 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 /> l�is 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 /> La. R.S. 42:1102(17) defines "political subdivision" to mean any unit of local government, <br /> including a special district, authorized by law to perform governmental functions. <br /> ANALYSIS AND CONCLUSION <br /> Your son is a member of your immediate family pursuant to La.R.S.42:1102(13).The Fire District <br /> is a political subdivision pursuant to La. R.S. 42:1102(17) and a governmental entity pursuant to <br /> La. R.S. 42:1102(12). The Fire District Board is the governing authority of the Fire District <br /> pursuant to La. R.S. 42:1102(11). The members of the Fire District Board are agency heads <br /> pursuant to La. R.S. 42:1102(3), and their agency is the Fire District pursuant to La. R.S. <br /> 42:1102(2)(a)(vi). <br /> If you are appointed to serve on the Fire District Board, you will be a member of the governing <br /> authority and an agency head of the Fire District. As such, La. R.S. 42:1119A and B(1) would <br /> generally prohibit your son's employment with the Fire District. However, La. R.S. 42:1119C(2) <br /> provides an exception that would permit your son's continued employment with the Fire District <br /> since he has been employed with the Fire District for at least one year prior to you becoming an <br /> agency head of the Fire District. Therefore, the Board concluded and instructed me to inform you <br /> that your appointment to the Fire District Board while your son is a part-time employee of the Fire <br /> District would not violate the Code. <br /> Page 2 of 3 (BD 2025-688) <br /> - -- _._ __ <br />