| Advisory Opinion request regarding the interpretation of "public position" as it relates to an ordinance that prohibits members of the newly created Personnel Board for St. Mary Parish Government from holding a "public position" in the Parish. |
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The HRC in Section 4-08(D) established a Personnel Board. The members are selected by the Parish Council. It provides in pertinent part, "The personnel board shall consist of five members appointed by a majority vote of the council membership. The members of the personnel board shall hold no elected public office nor hold a public position in the Parish." The advisory opinion requests an opinion as to what should be considered a "public position" as it is not defined in the Charter.
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Staff reached out to Mr. Duplantis, the requestor of the Advisory Opinion. Staff informed Mr. Duplantis that the Code of Governmental Ethics does not provide a definition for "public position" but only provides definitions for "public servant" and "public employee." An opinion from the AG's office would most likely be the best route to receive an interpretation of "public position." Mr. Duplantis was advised that his Advisory Opinion request would not be considered by the Board until he received an opinion or response from the AG's office. Staff has followed up with Mr. Duplantis and has not received any update on the status of the AG's Opinion.
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| Assigned Attorney: |
Mallory Guillot |
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