| Advisory Opinion request from Reshell Lambert on behalf of the Plaquemines Parish Port as to the potential hiring of Jordan Nielsen while her mother, Christie Nielsen, is employed as Director of Administration. |
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Christie Nielsen is the Director of Administration for the Plaquemines Parish Port Harbor and Terminal District ("Port District"). In this position, she is over all administration for the Port District, which is currently accepting applications for the position of Senior Accountant 1. This position would be under the supervision of Ms. Nielsen as Director of Administration. Ms. Nielsen's daughter, Jordan Nielsen, has applied for the position. Ms. Lambert asks whether the Port District may hire Jordan Nielsen while her mother is employed as Director of Administration.
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La. R.S. 42:1119A: No member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(2)(a) defines "agency" to mean 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: (vi) For public servants of political subdivisions, it shall mean 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;
La. R.S. 42:1102(3) defines "Agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "Immediate family" as the term relates to a public servant to include her children.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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