| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits Jennifer Lovett from being appointed to the Livingston Parish Fire Protection District 5 Board while her son is a part-time employee of Fire District 5. |
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Jennifer Lovett has recently been contacted by her Livingston Parish Councilperson with a nomination to serve as an appointed member of the Livingston Parish Fire Protection District 5 Board of Commissioners ("Fire District Board").
Ms. Lovett's son, Brandon Lovett, has been employed as a full-time firefighter with Livingston Parish Fire Protection District 5 ("Fire District") since December 2021. On July 25, 2025, her son transitioned from full-time to part-time employment with the Fire District, and now he only works when he places himself on the roster. In the three months since her son has been employed on a part-time basis with the Fire District, he has worked a total of 3 days. He is paid as a W-2 employee, but only for the hours he works, and he is not reimbursed for any expenses he incurs. He is also employed by the Baton Rouge Fire Department.
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La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119B(1) provides that no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
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(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (vi) 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.
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(17) defines "political subdivision" to mean any unit of local government, including a special district, authorized by law to perform governmental functions.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Jessica Meiners |
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