| Advisory Opinion request from Lori Whatley, Administrative Coordinator with DOTD, regarding possible nepotism if her husband is hired as Superintendent. |
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Lori Whatley has been employed as an Administrative Coordinator by the Department of Transportation and Development ("DOTD") Maintenance Unit for eighteen years. Her husband, William Whatley, is currently employed as an Engineering Technician for the Construction Unit of DOTD. Mr. Whatley intends to apply for the Superintendent position over the DOTD Maintenance Unit.
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La. R.S. 42:1119(A) states that no member of the immediate family of an agency head shall be employed in his agency. La. R.S. 42:1119C(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.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1112(B)(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. 42:1112C: Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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