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2023-969
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2023-969
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Entry Properties
Last modified
3/7/2024 8:23:23 AM
Creation date
3/6/2024 10:07:22 AM
Metadata
2023-969
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-969
Requesting Party
Adam Marcental
Decision Date
2/2/2024
Law
1119A
1113A
1112B(1)
Caption
Advisory opinion that the immediate family of Lafayette Consolidated Government's Civil Service Director may not be employed in his department but may be employed by other departments.
Ethics Subject Matters
Nepotism
Prohibited Transactions
Participation
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4 • <br /> Pursuant to La. R.S. 42:1119A, your immediate family members are prohibited from being <br /> employed by the Department. Such prohibition would not extend, however, to their employment <br /> by a different department within LCG. <br /> Pursuant to La. R.S. 42:1113A, your immediate family members may not enter into a transaction <br /> that is under the supervision of the Department. Generally, your immediate family member would <br /> not be permitted to submit an application with the Department. However, the Louisiana Supreme <br /> Court, in Hill v. Commission on Ethics for Public Employees, 453 So.2d 558 (1984), concluded <br /> that the renewal of a shop license by a member of the Louisiana Board of Cosmetology is routine <br /> and mechanical since there was no showing that the board was required to vote or exercise <br /> authority with respect to the renewal of licenses. Accordingly, to the extent that the Department <br /> processes applications under objective criteria, your immediate family members are not prohibited <br /> from submitting applications with the Department,provided they are subject to the same terms and <br /> conditions as other applicants. <br /> Finally, pursuant to La. R.S. 42:1112B(1), you are prohibited from participating in matters in <br /> which your immediate family members have a substantial economic interest. Accordingly, you <br /> would be prohibited from participating in any job application submitted by your son. La. R.S. <br /> 42:1112C provides that you may disqualify yourself from participating in any transactions <br /> concerning his son which would be a violation. The proposed disqualification plan meets the <br /> requirements of the Board pursuant to Louisiana Administrative Code Title 52,Chapter 14, Section <br /> 1402. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code prohibits a member of your <br /> immediate family from being employed by the Department, does not prohibit a member of your <br /> immediate family from being employed by another department within LCG, and does not prohibit <br /> the submission of a job application by a member of your immediate family to LCG through the <br /> Department, provided that the application is subject to the objective criteria of other applicants. <br /> Also the Board approved the disqualification plan as set forth. <br /> Changes to the facts as presented may result in a different application of the provisions of the <br /> Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to <br /> laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure <br /> Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana <br /> Gaming Control Law. <br /> If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOU : NA BOARD OF ETHICS <br /> Charles E. Reeves, Jr. <br /> For the Board <br /> Page 3 of 3 (BD 2023-969) <br />
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