| A Request for an Advisory Opinion, for Denise G. Miller, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit her from continuing to serve as Secretary for the Evergreen Fire Protection District while her husband - Kevin Miller - serves on the Board of Commissioners. |
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Mrs. Miller serves as the Secretary for the Evergreen Fire Protection District. The Secretary position is appointed by a Board of Commissioners, consisting of five (5) commissioners appointed by the Webster and Claiborne Parish Police Juries. She has held that position since 1997 and her most recent appointment occurred in July 2021. Although her term ends in December 2023, she intends to resign/retire from the role in December 2022.
Kevin Miller, her husband, was nominated to fill a vacant position on the Board of Commissioners in September 2021. Mr. Miller was nominated to fill the position after the resignation of another for health reasons. In October 2021, Mr. Miller was appointed to the Chairman position of the Board of Commissioners by the Webster Parish Police Jury. Since Mr. Miller was appointed to fill the Board of Commissioners seat in the middle of an ongoing term, Mr. Miller's term ends in December 2022.
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La. R.S. 42:1102(2)(a)(vi) For public servants of political subdivisions, "agency" is defined as the agency in which the public servant serves, 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. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
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. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1113(A)(1)(b)(ii) states that a municipal or parish governing authority is not prohibited from appointing one of its members to a board or commission for which the governing authority is the appropriate appointing authority and the appointee receives no salary or per diem for service on the board or commission, or if a member of the governing authority is required to be appointed to the board or commission by the home rule charter, ordinance, or resolution which created or established the board or commission.
La. R.S. 42:1113(B) prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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