| Request for an advisory opinion concerning the City Attorney for City of Bossier City entering into a contract with the father of the City's Chief Administrative Officer. |
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The City selected a new Chief of Police. The City Attorney would like to engage the services of a retired member of the Bossier City Police Department who has extensive experience in police administration, staffing, and organization. The City Attorney would like to hire Terrell Dale Teutsch, who was employed by the Bossier City Police Department for more than 37 years prior to his retirement in 2009.
Mr. Teutsch's daughter, Amanda Nottingham, is the Chief Administrative Officer for the City.
The City of Bossier City Home Rule Charter provides the following:
1. Section 4.06 provides that the mayor has the following powers and duties: (c) appoint, suspend or remove any city employee, (d) direct and supervise the administration of all city departments, (l) "may delegate authority for operation and management of all or some, City departments and all resources therein, with the exception of the City Attorney," and (n) appoint the police chief, and shall not require city council confirmation.
2. Section 7.02 - The mayor shall be the head of the Department of Public affairs and provides that the mayor shall establish policy and management regulation consistent with the city charter and ordinances, and prescribe the duties and responsibilities of all city employees.
3. Section 7.03 - The Chief Administrative Officer shall serve as executive and administrative assistant to the mayor, performing such duties as assigned by the mayor.
4. Section 8.01 - The legal department shall provide legal guidance to the mayor, city council and all departments of city government.
5. Section 8.02 - The city attorney shall be responsible for and be the head of the legal department.
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The original request for an advisory opinion and the subsequent request dated May 25, 2022, sought an advisory opinion regarding the propriety of Mr. Teutsch providing such services pursuant to a contract between the City and CN Consulting, or, in the alternative, being hired as an employee of the City's Legal Department or Police Department. However, during the course of the Board's June 3, 2022 meeting, and confirmed in writing by Assistant City Attorney Ray Richard, the City no longer desires an opinion on the issue of contracting with Mr. Teutsch, as they would like to hire him within the Legal Department.
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R.S. 42:1119A provides that "[n]o member of the immediate family of an agency head shall be employed in his agency."
Definitions - R.S. 42:1102
(2)(a)(vi) "Agency" for a public servant of a political subdivision means the "agency in which the public servant services, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity."
(3) "Agency head" means "the chief executive or administrative officer of an agency . ."
(13) "Immediate family" means a public servant's children, the spouse of his children, his siblings and their spouses, his parents, his spouse and his spouse's parents.
(18)(a)(i) "Public employee" includes an administrative officer or official of a governmental entity who is not filling an elected office.
(19) "Public servant" means a public employee or an elected official."
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Adopt draft of advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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