| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits the Board of Commissioner of the Beauregard Parish Fire District 4 from giving the Fire Chief's wife a raise. |
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Eric Stracener and his wife, Jessica Stracener, became members of the Beauregard Parish Fire District 4 ("BPFD4") in 2010. Both received a stipend of $10 per call, training, or event attended.
In 2017, Mr. Stracener was promoted to Fire Chief of BPFD4 and paid on a part-time basis since he was also working full-time for the City of Deridder as a firefighter. Chief Stracener retired from the City of DeRidder Fire Department on June 17, 2020 and continues to work as Fire Chief on a part-time basis for BPFD4. In this role, he receives a W-2.
Mrs. Stracener is the training officer for BPFD4 and the Board of Commissioners would like to increase her stipend from $10 to $50 per day for training officer duties. She would continue to receive her normal stipend of $10 for responding to incidents and other non-training events.
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La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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