| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits a member of the Bayou L'Ourse Volunteer Fire Department from serving as the Department's Assistant Fire Chief while his brother serves as Fire Chief. |
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Shawn Francis's brother is the Fire Chief of the Bayou L'Ourse Volunteer Fire Department ("Department"). The Department has eleven (11) active members, including Shawn Francis, his mother, his father, his brother, his first cousin, and his first cousin's husband. The officers of the Department are elected by a vote of the Department's members. He currently serves as the Department's Vice President. No member or officer of the Department receives remuneration for their services.
Mr. Francis's cousin is interested in serving as Secretary of the Department, and he is interested in serving as President after the current President retires. Mr. Francis is also interested in being the Assistant Fire Chief of the 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. 42:1119C(6) provides that the provisions of this Section shall not apply to the employment of a volunteer firefighter or to any decision regarding the employment of a volunteer firefighter by an agency head, a chief executive of a governmental entity, or a member of a governing authority. For purposes of this Paragraph, "volunteer firefighter" shall mean a member of a volunteer fire department who participates in fire and rescue functions and who receives no remuneration for his services, and "decision regarding employment" shall include any decision involving the employment, promotion, discipline, discharge, or assignment of the firefighter.
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.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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