| Advisory Opinion request from Melissa Davis, Town Clerk for the Town of Rosepine (Pop. 1,519) in Vernon Parish, regarding her future marriage to Public Works Director Mike Numbers. |
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Melissa Davis has been employed by the Town of Rosepine ("Town") since May 1989. She currently serves as the Town Clerk. Her duties include processing payroll for the Town, which is reviewed by an Assistant Town Clerk and Mayor Donna Duvall.
Ms. Davis's fiancée, Mike Numbers, has been employed by the Town since October 2006. He is currently the Public Works Director. Ms. Davis stated that she has no oversight or supervision over Mike Numbers or the Public Works Department, who reports directly to the Mayor.
The Town has proposed a disqualification plan which names Mayor Donna Duvall to handle all matters involving the employment of Mike Numbers, including the approval of payroll.
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La. R.S. 42:1119(A): No member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves, and includes public employees of municipalities.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "immediate family member" to include a public servant's spouse.
La. R.S. 42:1112(B)(1): No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
La. R.S. 42:1112(C): Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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