| A Request for an Advisory Opinion submitted by Sondra Corbitt, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the Houma Area Convention & Visitors Bureau from interviewing and/or hiring the daughter of a member of its Board of Directors. |
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The Houma Area Convention & Visitors Bureau (the "firm" as the Bureau is referred to as in the opinion request) is in the process of searching for qualified applicants to fill the open Communication Specialist position. The Vice Chairperson of the Board of Directors - Brenda Babin - has inquired as to whether her daughter would be eligible to apply for the open position and, potentially, be hired to fill the position. The Vice Chairperson has tendered her resignation. Sondra Corbitt, the Executive Director, asked the following questions:
1. Now that the said board member has submitted her resignation, can the Executive Director conduct an interview with the daughter?
2. If so and she is the most qualified candidate, can they offer her a position with the HACVB?
3. If she gains employment with HACVB, is that considered another violation?
4. Should Ms. Babin remain off the board for a certain period of time before any relatives apply for a position with HACVB?
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La. R.S. 42:1113(B) prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1119(B) provides no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
La. R.S. 42:1119(C)(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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