| Advisory Opinion request from Fire Chief Christopher Bourgeois, on behalf of the Schriever Fire Protection District (the "District"), as to whether the Code would prohibit the District from hiring volunteer firefighter Ryan Chauvin as a compensated part-time maintenance worker. |
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The District is part of the Schriever Volunteer Fire Department located in Terrebonne Parish. Ryan Chauvin is currently a volunteer firefighter with the District and has been in that role since 2006. Mr. Chauvin's father-in-law, Daniel Ledet, currently serves as a member of the District's board. The District asks whether it can hire Mr. Chauvin as a compensated part-time maintenance worker.
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La. R.S. 42:1119A 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. 42:1119C(6) provides that the provisions of this Section shall not apply to the employment of a volunteer firefighter or to any decision regarding the employment of a volunteer firefighter by an agency head, a chief executive of a governmental entity, or a member of a governing authority. For purposes of this Paragraph, "volunteer firefighter" shall mean a member of a volunteer fire department who participates in fire and rescue functions and who receives no remuneration for his services, and "decision regarding employment" shall include any decision involving the employment, promotion, discipline, discharge, or assignment of the firefighter.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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