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Last modified
7/12/2021 11:05:58 AM
Creation date
12/19/2017 4:09:16 PM
Metadata
2017-1230
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1230
Requesting Party
Gail Segura
Decision Date
12/15/2017
Caption
Advisory opinion that a retired bus driver of the Iberia Parish School Board would not be prohibited by La. R.S. 42:1119A within the Code of Governmental Ethics from being reemployed by the School Board while her daughter-in-law serves as an agency head and board member of the Iberia Parish School Board, since La. R.S. 42:1119C(5) allows for the reemployment of a retiree whose employment was allowed on the date of their retirement. The retiree was previously allowed to continue her employment with the School Board, since she had been employed for longer than a year prior to her daughter-in-law being elected to the Iberia Parish School Board.
Ethics Subject Matters
Nepotism
Post Employment
Boards and Commissions
Recusal
Participation
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�,,,,,,,� STATE OF LOUISIANA <br /> p•''pF Lotj- DEPARTMENT OF STATE CIVIL SERVICE <br /> Opti°+ s�9n <br /> ••� ya LOUISIANA BOARD OF ETHICS <br /> ��;,r,<_u;II P.O.BOX 4368 <br /> `' BATON ROUGE, LA 70821 <br /> (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> December 18, 2017 <br /> Gail Segura <br /> 4305 Martin Street <br /> New Iberia, Louisiana 70560 <br /> Re: Louisiana Board of Ethics Docket No.2017-1230 <br /> Dear Ms. Segura: <br /> The Louisiana Board of Ethics, at its December 15, 2017 Board meeting, considered your request <br /> for an advisory opinion regarding whether you may be reemployed by the Iberia Parish School Board <br /> as a bus driver while your daughter is a Iberia Parish School Board Member. You stated that you <br /> worked for Iberia Parish as a bus driver from 1992 until your retirement in May of 2015.Your house <br /> was flooded in 2016 and you are now seeking to be re-employed by your former agency. Rachel <br /> Segura is your daughter-in-law.She has served as an Iberia Parish School Board Member for District <br /> #10 since 2011. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit you from being employed by the Iberia Parish School Board while your immediate <br /> family member servers on the Iberia Parish School Board. La. R.S. 42:1119A provides that no <br /> member of the immediate family of an agency head shall be employed in his agency.Rachel Segura <br /> was serving as an agency head of the Iberia Parish School Board at the time of your retirement.Prior <br /> to your retirement, you met the provisions in La. R.S. 42:1119C(2) allowing your continued <br /> employment since you had been employed in the agency for a period of at least one year prior to <br /> Rachel Segura being an agency head for Iberia Parish School Board.La.R.S.42:1119C(5)provides <br /> that the provisions of this Section shall not be construed to prohibit the reemployment of a retiree <br /> whose employment was allowed under the provisions of this Section on the date of her retirement. <br /> Any such reemployment shall be in compliance with all other applicable laws. Therefore, La. R.S. <br /> 42:1119C(5) will allow your reemployment, as long as you are in compliance with all other <br /> applicable laws. If you are reemployed by Iberia Parish School Board while your daughter-in-law <br /> serves on the board, then La. 42:1119B(2) would require you to file a disclosure form(Form 403) <br /> within thirty days after the beginning of each school year. <br /> Additionally,the Board concluded,and instructed me to inform you,that if you are reemployed by <br /> Iberia Parish School Board while your daughter-in-law serves on the board, then Rachel Segura <br /> would be prohibited by La. 42:1112B(1) from participating in any transaction in which you had a <br /> substantial economic interest.La.R.S.42:1112B(1)provides that no public servant shall participate <br /> in a transaction involving the governmental entity in which, to his actual knowledge, any member <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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