| Advisory Opinion Request regarding whether the Code of Governmental Ethics prohibits the employment of Johnathon Daigle with Lafourche Parish while his spouse, Sarah Daigle, serves as a member of the Lafourche Parish Government Independent Civil Service Board. |
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Sarah Daigle is a member of Lafourche Parish Government
Independent Civil Service Board ("LPGCSB"). Her spouse, Jonathon Daigle, is an applicant
for, or is being considered for a full time classified civil service position
with Lafourche Parish Government as an IT Analyst. If Mr. Daigle were employed
by Lafourche Parish Government and subsequently faced a disciplinary action subject
to appeal, Mrs. Daigle would serve as a voting member of the Board responsible
for hearing and deciding such matters.
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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(17) defines "political subdivision" to mean any
unit of local government, including a special district, authorized by law to perform
governmental functions.
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" 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. 42:1119A provides that no member of the immediate
family of an agency head shall be employed in his agency.
La.
R.S. 42:1112B(1) states that no public servant, except as provided in R.S.
42:1120, 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.
La. R.S. 42:1120.4 provides
an exception for appointed members of a board or commission to recuse
themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and
debate the matter.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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