| Advisory opinion request, on behalf of Acadia Fire Protection District #4 ("District"), as to whether the Code of Governmental Ethics ("Code") would prohibit the District from hiring volunteer firefighter Brian Miller as a compensated fire fighter. |
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The District is located in Acadia Parish. Brian Miller is currently a volunteer firefighter with the District and has been in that role for over 20 years. Brian Miller's father, Steve Miller, currently serves as a member of the District's board. The District asks whether it can hire Brian Miller as a compensated fire fighter. You provided that the District Board does not hire or fire the firefighters. It is the sole responsibility of the Fire Chief. Steve and Brian Miller started as volunteer firefighters in 1989. Steve Miller was appointed to the Fire Board in the late 1990's.
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La. R.S. 42:1112B(1)
: 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. 42:1112C
allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119C(2) provides that 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 employee's 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. 42:1102(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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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