| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits the continued employment of an employee with the City of Deridder if their spouse is elected to the City Council. |
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Janet Vincent has been employed in the Public Works Department with the City
of DeRidder for 8 years. Her husband, Clopis E. Vincent, is seeking a city
council seat in the 2026 election.
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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(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. 42:1112B(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 provides that if an elected official, in the
discharge of a duty or responsibility of his office or position, would be
required to vote on a matter which would be a violation of R.S. 42:1112, he
shall recuse himself from voting. An elected official who recuses himself from
voting pursuant to this Section shall not be prohibited from participating in
discussion and debate concerning the matter, provided that he makes the
disclosure of his conflict or potential conflict a part of the record of his
agency prior to his participation in the discussion and debate and prior to the
vote that is the subject of discussion or debate.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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