| Advisory opinion request regarding whether Code of Governmental Ethics ("Ethics Code") prohibits the fiance of a patrolman of the Youngsville Police Department from working the same overtime or security detail shifts. |
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Hannah Gentry is employed as patrolman for the Youngsville Police Department. Her fiance, Baily Romero, is also a patrolman for the Youngsville Police Department. They work opposite rotations and not on the same shift. Sometimes they work overtime or security details on the same shift. Sometimes, if they are both on duty at the same time, they may run calls together.
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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 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. 42:1102(18) defines "public employee" to mean 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.
La. R.S. 42:1112B(1) states that no public servant 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. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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