| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) would prohibit the continued employment of Lisa Duggan as the Park Manager for the North Webster Parish Industrial District (NWPID) if her husband Steve Duggan is appointed to the NWPID's Board. |
|
|
Lisa Duggan has been employed with NWPID since April 30, 2021. Lisa Duggan is the only paid employee of NWPID. Steve Duggan is her husband. The Webster Parish Police Jury would like to appoint Steve Duggan to the NWIPD Board. Steve Duggan understands if he were to be appointed to the NWPID Board he would abstain from participating in any issue concerning his spouse.
|
|
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. qualification 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. 42:111A(1)(a) No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1119:
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. 42:1120.4A If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. B. An appointed member of a board or commission who recuses himself from voting pursuant to this Section shall be prohibited from participating in discussion and debate concerning the matter.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the office, division, agency, commission, board, committee, or other organizational unit in which he works.
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" to include a public servant's spouse.
La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) the interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office; (b) the interest that an elected official who is elected to a house, body, or authority has in a position or office of such house, body, or authority which is required to be filled by a member of such house, body, or authority by law, legislative rule, or home rule charter, (c) the interest that a person has as a member of the general public.
|
|
|
Adopt draft advisory opinion.
|
|
| Assigned Attorney: |
Suzanne Mooney |
|
|