| Request
for an advisory opinion regarding whether the Code of Governmental Ethics
("Code") permits Kendra Barnes to continue employment
as a Juvenile Detective while her husband serves as Captain of the Criminal
Investigation division. |
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Officer
Aaron Barnes was hired with the City of Thibodaux Police Department on April 7,
2004. Sgt. Barnes was assigned to the Detective Division in 2009. Lt. Aaron
Barnes was promoted to Captain and assigned to the Patrol Division on January
10, 2022, while assisting in the Criminal Investigation Division as needed and
maintaining his certifications as a Detective.
Capt.
Aaron Barnes' wife, Kendra Barnes, was hired on March 24, 2022 and assigned to
the Criminal Investigation Division as a Juvenile Detective.
Capt. Aaron Barnes
was assigned as Captain over the Criminal Investigation Division on May 12,
2023.
Captain
Aaron Barnes' wife continues to work in the Criminal Investigation Division as
a Juvenile Detective.
Any
and all authority involving discipline, payroll, leave, vehicle, and any
economic interest regarding Detective Kendra Barnes will be conducted by the
Chief of Police. The Sergeant of Detectives and Lieutenant of Detectives will
be Kendra Barnes' immediate supervisors for daily assignments. The Criminal
Investigation Division will be educated on how to handle all matters that
involve Kendra Barnes.
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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. 42:1119C(2) The provisions of this Section shall not
prohibit the continued employment of any public employee nor shall it be
construed to hinder, alter, or in any way affect normal promotional
advancements for such public employee where a member of public employees'
immediate family becomes the agency head of such public employee's agency,
provided that such public employee has been employed in the agency for a period
of at least one year prior to the member of the public employee's immediate
family becoming the agency head.
La. R.S. 42:1112 B. 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 of the following persons has a
substantial economic interest:
(1)
Any member of his immediate family.
La. R.S. 42:1112C. 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. Approve Disqualification Plan.
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| Assigned Attorney: |
Mallory Guillot |
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