Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
„,♦ STATE OF LOUISIANA <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> , LOpTSf9-- <br /> �� �; LOUISIANA BOARD OF ETHICS <br /> F P.O.BOX 4368 <br /> , BATON ROUGE,LA 70821 <br /> �'�Rj..* Q (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> March 20, 2017 www.ethics.la.gov <br /> Susan LeBlanc <br /> Secretary, Bayou Blue Fire Protection District <br /> 1870 Bayou Blue Road <br /> Houma, Louisiana 70364 <br /> Re: Ethics Board Docket No. 2017-138 <br /> Dear Ms. LeBlanc: <br /> The Louisiana Board of Ethics, at its March 17, 2017 Board meeting, considered your request for <br /> an advisory opinion regarding whether Jaclyn Clement may be a compensated part-time employee <br /> of the Bayou Blue Fire Department (Fire Department) while her father, John Culhane serves as <br /> Chairman of the Bayou Blue Fire District (Fire District). Ms. Clement has been a volunteer <br /> firefighter with the Fire Department since January 4, 2007. Mr. Culhane first served on the Fire <br /> District Board from 2006 to 2008.He was reappointed to the Fire District Board as Board Chairman <br /> in April of 2013. The Fire Department will be hiring five part-time firefighters who will be hired by <br /> the Fire Chief If hired, Ms. Clement would be directly supervised by the Fire Chief; however, she <br /> would be compensated by the Fire District.A District Board Member and the bookkeeper will sign <br /> all payroll checks returning to the Fire Chief for distribution. <br /> The Board concluded, and instructed me to inform you,that the Louisiana Code of Governmental <br /> Ethics would not prohibit Jaclyn Clement from being a compensated employee of Bayou Blue Fire <br /> Department while her father serves as Chairman of the Bayou Blue Fire District. La.R.S.42:1119A <br /> provides that no member of the immediate family of an agency head shall be employed in his agency. <br /> La.R.S.42:1119C(6)provides that the provisions of this Section shall not apply to the employment <br /> of a volunteer firefighter or to any decision regarding the employment of a volunteer firefighter by <br /> an agency head, a chief executive of a governmental entity, or a member of a governing authority. <br /> For purposes of this Paragraph, "volunteer firefighter” shall mean a member of a volunteer fire <br /> department who participates in fire and rescue functions and who receives no remuneration for his <br /> services,and"decision regarding employment"shall include any decision involving the employment, <br /> promotion,discipline,discharge,or assignment of the firefighter.La.R.S.42:1119C(2)provides that <br /> the provisions of this Section shall not prohibit the continued employment of any public employee <br /> nor shall it be construed to hinder,alter,or in any way affect normal promotional advancements for <br /> such public employee where a member of public employees'immediate family becomes the agency <br /> head of such public employee's agency,provided that such public employee has been employed in <br /> the agency for a period of at least one year prior to the member of the public employee's immediate <br /> family becoming the agency head. As the Chairman of the Fire District, Mr. Culhane is an agency <br /> head. The exception in La. R.S. 42:1119C(6) would no longer apply once Ms. Clement receives <br /> compensation for her services for the Fire Department.Because she was employed for more than one <br /> year prior to Mr. Culhane's most recent appointment, the exception contained in La. R.S. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />