Advisory opinion request from Chief Miller regarding whether the Code of Governmental Ethics ("Code") permits Michael Richoux, his girlfriend's son, to serve as a State certified fire prevention inspector for the Live Oak Manor Volunteer Fire Department (Department) while he serves as Chief. |
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Chief Miller was hired to serve as the Department's Fire Chief in February of 2024. The Department would like to hire a part time State certified Fire Prevention Inspector. The Department is located in Jefferson Parish. The Department is in a Fire District that contains four other volunteer departments.
The Department would like to hire Michael Richoux. Michael Richoux is Chief Miller's girlfriend's son. Chief Miller and his girlfriend have been together for fourteen years and have lived together for the last six years. Michael Richoux already preforms the services of Fire Prevention Inspector for three of the other volunteer departments within the District. Michael Richoux has been employed, for approximately ten years, by the Bridge City Volunteer Fire Department as a full-time firefighter and inspector.
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La. R.S. 42:1102(2)(a)(vi)
defines "agency" for public servants of political subdivisions to mean the department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity in which the public servant serves.
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. 42:1119A. No member of the immediate family of an agency head shall be employed in his agency.
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Adopt draft advisory opinion.
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Assigned Attorney: |
Suzanne Mooney |
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