| Advisory opinion request regarding whether the Code of Governmental Ethics(Code) would prohibit Michael Anders from volunteering to serve as a patrolman while his wife, Ramona Anders, serves as the Police Chief of the Village of Hosston. |
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Michael Anders would like to volunteer to serve as a Hosston Reserve Officer. His title would be patrolman. Chief Ramona Anders provided that his duties as a volunteer patrolman would be to back her and any other patrol officers up and assist in any other police matters. Michael Anders would not be compensated. The Chief stated that this would be an unpaid position with the Village of Hosston subject to approval by the Village Board of Aldermen.
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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(19) defines "employee" to mean anyone, whether compensated or not, who is (i) an administrative officer or official of a governmental entity who is not filling an elective office. (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) engaged in the performance of a governmental function. (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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