| Advisory Opinion Request from C. Kyle Mosley, Chief of Cullen Fire Department, regarding whether he may promote his brother to Assistant Chief. |
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Kyle Mosley currently serves as Chief of the Cullen Fire Department ("CFD"), and began serving in that role earlier this year as the result of the death of the previous chief. He describes CFD as a "paid volunteer department." His brother currently serves as a captain with the CFD, and has served for the CFD for over 5 years. He desires to promote his brother to the position of Assistant Chief which is now vacant as a result of Chief Mosley's advancement.
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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. 42:1119(A) states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119(C)(2) states 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 employees' 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(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.
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Decline to render opinion.
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| Assigned Attorney: |
Charles Reeves |
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