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Last modified
7/12/2021 11:06:09 AM
Creation date
3/20/2017 1:33:33 PM
Metadata
2017-138
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-138
Requesting Party
Susan LeBlanc
Agency at Issue
Bayou Blue Fire Department and Bayou Blue Fire District
Decision Date
3/17/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit the daughter of the Chairman of the Bayou Blue Fire District (Fire District) from being compensated by the Fire District, since she was employed for more than one year prior to her father becoming the agency head. Further, her father would be prohibited by La. R.S. 42:1112B(1) from participating in any transaction in which she had a substantial economic interest.
Ethics Subject Matters
Nepotism
Participation
Public Employee - Definition
Prohibited Transactions
Recusal
Boards and Commissions
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„,♦ 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 />
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