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Last modified
7/12/2021 9:53:05 AM
Creation date
7/7/2020 9:26:46 AM
Metadata
2020-242
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-242
Requesting Party
Ms. Michelle L. Neil
Decision Date
7/2/2020
Law
La. R.S. 42:1119A
La. R.S. 42:1112B(1)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the employment of certain individuals with the Terrebonne Parish Parks and Recreation Department since none of the individuals are agency heads of the Department.
Ethics Subject Matters
Nepotism
Participation
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Ms. Michelle L. Neil <br /> July 7, 2020 <br /> Page -3- <br /> La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the <br /> governmental entity in which,to his actual knowledge, any member of his immediate family has a <br /> substantial economic interest. <br /> La.R.S.42:1102(13) defines"immediate family"to mean a public servant's children,the spouses <br /> of his children,his siblings and their spouses,his parents,his spouse,and the parents of his spouse. <br /> CONCLUSION <br /> The Board concluded and instructed me to inform you, the Code of Governmental Ethics (Ethics <br /> Code) would not prohibit the employment of the individuals named above with the Terrebonne <br /> Parish Parks and Recreation Department since none of the individuals are agency heads of the <br /> Department. Furthermore, since the immediate family members of the gym supervisors, who as <br /> agency heads for their respective gyms, are not working in their family member's gym, their <br /> employment is not prohibited. In addition, it does not appear that any of the immediate family <br /> members are supervising one another,therefore a Disqualification Plan is not necessary. Should any <br /> of the individuals change jobs so that an immediate family would be supervising or participating in <br /> any way with the employment of their child, spouse of their child, sibling, spouse of their sibling, <br /> parents, spouse, or parents of their spouse, then a Disqualification Plan pursuant to La. R.S. <br /> 42:1112C must be filed for approval with the Board, prior to any action being taken. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than the Code of Governmental Ethics. If you have any <br /> questions, please contact me at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> (7 //t, <br /> Gregory'L. Thibodeaux <br /> For the Board <br />
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