| Advisory Opinion request of Jack Sessions, Pearl River Chief of Police, regarding the hiring of Elexis Emmitt while her mother, Somer Emmitt, is employed by the Pearl River Police Department. |
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Elexis Emmitt has applied for the position of Communications Officer with the Pearl River Police Department. The Communications Division is supervised by Lt. David Dean. Ms. Emmitt's mother, Somer Emmitt, is employed in the Communications Division as a mid-level, first-line supervisor. Somer Emmitt reports to Lt. Dean.
The disqualification plan proposes that Lt. Dean, in his capacity as Supervisor of the Communications Division, will directly supervise Elexis Emmitt and will handle all issues, such as scheduling, leave requests, promotions, counseling, etc., that may affect Ms. Emmitt's employment. Any further approval will be forwarded up the chain of command as necessary. Somer Emmitt will have no supervisory authority over her daughter.
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La. R.S. 42:1119A: No member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(13) defines "immediate family" to include a public servant's child. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency who exercises supervision over the agency.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class of group of persons.
La. R.S. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code of Governmental Ethics. (See attached.)
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Adopt the proposed advisory opinion and approve disqualification plan.
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| Assigned Attorney: |
David Bordelon |
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