2012-1229 (2) - Laserfiche WebLink

�„'. STATE OF LOUISIANA O��.ti OF jos jsy DEPARTMENT OF STATE CIVIL SERVICE oQ=�" 'n92= LOUISIANA BOARD OF ETHICS Illi'��y�/,y��' P.O. BOX 4368 ,liz`! e 1 BATON ROUGE,LA 70821 �4i.D E* 06 (225)219-5600 .:....* FAX (225)381-7271 1-800-842-6630 wwwethicsstatela.us July 23, 2012 Mr. E. John Litchfield Berrigan, Litchfield, Schonekas, Mann & Traina, LLC 201 St. Charles Avenue Suite 4204 Place St. Charles New Orleans, Louisiana 70170 Re: Ethics Board Docket No. 2012-1229 Dear Mr. Litchfield: The Louisiana Board of Ethics, at its July 20, 2012 meeting, considered your request for an advisory opinion as to whether Chereen Gegenheimer may be employed as the Deputy Judicial Administrator for the 24th JDC while her husband serves as the Clerk of Court for the 24th JDC. You stated that Jon Gegenheimer is the Clerk of Court for the 24th Judicial District Court. He is married to Chereen Gegenheimer. You stated that the Office of the Judicial Administrator for the 24th Judicial District Court is seeking to hire a Deputy Judicial Administrator. Mrs. Gegenheimer is interested in applying and accepting the position of Deputy Judicial Administrator. You stated that as clerk of court, Mr. Gegenheimer interacts daily with the court, its judges, staff and employees. However, you stated that Mr. Gegenheimer has no administrative control over any of the judges or staff members of the court, including the Judicial Administrator or any staff of that office. The court has no administrative control over the clerk of court. You stated Mr.Gegenheimer has no control over the selection of any member of the staff of the Office of Judicial Administrator or any control over its operations. The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not prohibit Chereen Gegenheimer from being employed as the Deputy Judicial Administrator of the 24th Judicial District Court while her husband,Jon Gegenheimer,served as the Clerk of Court for the 24th Judicial District Court. La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency. Since Mr. Gegenheimer is not the agency head of the Office of Judicial Administrator, his wife's employment in the Office of Judicial Administrator is not prohibited by the Code of Ethics. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Ethics. The AN EQUAL OPPORTUNITY EMPLOYER