| Advisory Opinion Request from Susan Racca, Cameron Parish Clerk of Court, as to whether the Code of Governmental Ethics (the "Code") permits the Cameron Parish Clerk of Court's Office (the "Clerk's Office") to employ the daughter of a member of the Cameron Parish Police Jury (the "Police Jury"). |
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Ronald Nunez currently serves as the President of the Police Jury, having been elected a member of the Police Jury in October 2023. Ms. Racca currently serves as the Cameron Parish Clerk of Court, having been elected most recently in October 2023. The Clerk's Office is independent from Cameron Parish (the "Parish"), and the Police Jury does not have authority over the Clerk's Office. Employees of the Clerk's Office are paid directly by the Clerk's Office.
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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. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
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(11) defines "governing authority" to mean the body which exercises the legislative functions of a political subdivision.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
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. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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