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Advisory Opinion Request regarding whether the Code of Governmental Ethics prohibits Robert Hebert, an Assistant Fire Chief for Westwego in Jefferson Parish, from serving as the Westwego Fire Chief while continuing to serve as an Assistant Fire Chief. |
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Westwego has five Assistant Fire Chiefs, 2 of which are paid by the City of Westwego. Mr. Hebert is one of the paid Assistant Fire Chiefs. The Westwego Fire Chief is not a full-time position, does not receive a salary, but does receive a stipend from the City. The fire chief is responsible for supervising the assistant fire chiefs, as well as all paid employees of the fire department. Mr. Hebert stated that if he were appointed Fire Chief, he would not accept the stipend for his service. Additionally, he would not allow the appointment to change his daily routine. All time spent on Fire Chief responsibilities would be done outside of work hours or on leave.
The fire chief is elected by the membership of the Fire Department. That election is scheduled for June 10th. The name of the person who is elected is given to the Mayor of the City of Westwego. The Mayor then makes a recommendation to the Westwego city Council, which is responsible for appointing the fire chief. Generally, the Mayor will recommend whoever is elected by the membership.
Assistant Chief Robert Hebert would like to run for Fire Chief if the Code does not prohibit him from serving in both capacities. The Attorney General has already been contacted regarding whether this matter presents a dual office holding issue.
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La. R.S. 42:1112A: No public servant shall participate in a transaction in which he has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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