| Advisory opinion/ disqualification plan request regarding a detective and his father's employment as a correctional investigator with the St. Martin Parish Sheriff's Office. |
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The St. Martin Parish Sheriff's Office requests approval of a proposed disqualification regarding Hunter Martin, who is a full-time Adult Detective in the Criminal Investigations Department of the Enforcement Division. Mr. Martin's father Ricky Martin serves as the jail's Correctional Investigator in the Corrections Division.
The request indicates that Hunter and Ricky are currently in different divisions and therefore unlikely to work together; however, if one of the employees is transferred, re-assigned, or promoted, the father and son may at some point work in the same division. The request proposes that, should something change with the regard to their assigned positions, "they will be disqualified and excluded from all duties, decisions, and/or approvals required by the St. Martin Parish Sheriff's Office that affect the employment and/or salary of one another." The request further explains that the agency will avoid all circumstances which would violate La. R.S. 42:1112 and that all relevant decisions will flow up the proper chain of command directly to the Sheriff or individual appointed by the Sheriff to make such decisions.
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La. R.S. 42:1102(12) 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. 42:1112B(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. 42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.
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Reject proposed disqualification plan.
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| Assigned Attorney: |
Kelsey Simmons |
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