| Advisory Opinion request from Victoria Burise, Executive Director of the Marksville Housing Authority as to the possible hiring of a current tenant and the hiring of a Board Member's grandchild as employees. |
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Ashley Augustine currently has a lease contract with the Marksville Housing Authority ("Housing Authority") as a tenant. The Housing Authority is considering hiring Ms. Augustine to assist its maintenance crew with cleanup of properties after tenants are evicted. Ms. Augustine would be supervised by the Executive Director for the Housing Authority. If Ms. Augustine's salary affects the rent amount she is obligated to pay to the Housing Authority, her rent would be adjusted accordingly.
Carol Gagnard is a member of the Housing Authority Board. Her grandchild, Garrett Gagnard, would like to be hired as an employee of the Housing Authority. Garrett Gagnard does not live in or lease any property managed by the Housing Authority.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a 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. 42:1102(2)(a) defines "agency" for public servants of political subdivisions to mean the department, office, division, agency, board, committee, or other organizational unit in which the public servant serves.
La. R.S. 42:1102(19) defines "public servant" to include a public employee. La. R.S. 42:1102(18)(a) defines "public employee" to include anyone who is under the supervision or authority of another employee of the governmental entity.
La. R.S. 42:1119(B) states that no member of the immediate family of a governing authority shall be employed by the governmental entity.
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 the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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