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2025-709
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Entry Properties
Last modified
2/25/2026 1:33:31 PM
Creation date
2/6/2026 12:52:13 PM
Metadata
2025-709
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2025-709
Requesting Party
Bryan Hebert
Parties Involved
Joby Verret
Jimmy Verret
Agency at Issue
Terrebonne Parish Fire Protection District No. 10
Decision Date
2/6/2026
Law
1119A
1113A
Caption
The Code does not prohibit the employment of the brother of a former member of theTerrebonne Parish Fire Protection District No. 10; however, the brother's continued employment is prohibited if the brother is reappointed to the Board and the brother has been employed for less than one year.
Ethics Subject Matters
Nepotism
Prohibited Transactions
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La. R.S. 42:1112B(1) provides that no public servant, except as provided in R.S. 42:1120, shall <br /> participate in a transaction involving the governmental entity in which, to his actual knowledge, <br /> any member of his immediate family has a substantial economic interest. <br /> La. R.S. 42: 1120.4 provides that if any appointed member of a board or commission in the <br /> discharge of a duty or responsibility of his office or position,would be required to vote on a matter <br /> which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting and shall be <br /> prohibited from participating in discussion and debate concerning the matter. <br /> La.R.S.42:1121A(2)provides that no former member of a board or commission shall,for a period <br /> of two years following the termination of his public service on such board or commission,contract <br /> with,be employed in any capacity by,or be appointed to any position by that board or commission. <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 or any member of a board or commission who exercises supervision over;Khe agency. <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 /> La.R.S.42:1102(18)(a)defines"public employee"to mean anyone,whether compensated or not, <br /> who is: <br /> (i) An administrative officer or official of a governmental entity who is not filling an elective <br /> office. <br /> (ii) Appointed by any elected official when acting in an official capacity, and the appointment <br /> is to a post or position wherein the appointee is to serve the governmental entity or an agency <br /> thereof, either as a member of an agency, or as an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> (iv) Under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. <br /> Page 2 of 4 (BD 2025-709) <br />
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