| Advisory Opinion request by Pamela Boswell, an employee of the La. Dept. of Health, regarding the employment of her daughter at the Southwest Louisiana Area Health Education Center. |
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Pamela Boswell is employed by the Louisiana Department of Health ("LDH") as a Program Manager 2 in the Office of Public Health, Bureau of Regional and Clinical Operations for Region 5, which covers southwest Louisiana. She is second in command for Region 5 and reports to Region 5 Medical Director Dr. Lacey Cavanaugh.
The Southwest Louisiana Area Health Education Center ("SWLAHEC") has a contract with LDH to provide staffing for a grant funded program, Community Health Ways, in the parish health units across southwest Louisiana. Community Health Ways is a separate program monitored by a separate unit of the Bureau of Regional and Clinical Operations.
Ms. Boswell's daughter has applied for employment with SWLAHEC as a Community Health Worker at the Beauregard Parish Health Unit. Ms. Boswell asks whether her employment at LDH presents any issues.
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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 provides the following definitions:
(2)(a): "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For purposes of this Chapter, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i) For public servants in the
twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities;
(3) "Agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
(13) "Immediate family" as the term relates to a public servant means his children;
(18)(a) "Public employee" means anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office; (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) Engaged in the performance of a governmental function; (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
(19) "Public servant" means a public employee or an elected official.
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Allow withdrawal the advisory opinion request.
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| Assigned Attorney: |
David Bordelon |
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