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STATE OF LOUISIANA <br /> poF ovist.. DEPARTMENT OF STATE CIVIL SERVICE <br /> 9 LOUISIANA BOARD OF ETHICS <br /> Vi l�l�� ilk <br /> tir'.�,,y,) t P.O. BOX 4368 <br /> ,444 T ; BATON ROUGE, LA 70821 <br /> " �. (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la goy <br /> December 17, 2018 <br /> Mr. Perry Kirkland <br /> Chairman, Webster Fire District 8 <br /> Board of Commissioners <br /> Post Office Box 238 <br /> Cotton Valley, LA 71018 <br /> Re: Ethics Board Docket No. 2018-1418 <br /> Dear Mr. Kirkland: <br /> The Louisiana Board of Ethics, at its December 14, 2018 meeting, considered your request for an <br /> advisory opinion as to whether the Louisiana Code of Governmental Ethics("Code")would prohibit <br /> the brother of the Fire Chief of the Webster Parish Fire Protection District#8 ("Fire District")from <br /> being appointed to the Board of Commissioners of the Fire District. <br /> For over one year, Terry Gibson has been the Fire Chief of the Fire District. The Fire District is a <br /> volunteer fire department whereby no employees are compensated, however employees are <br /> reimbursed for expenses incurred by them to attend meetings, training and call-outs for first <br /> responders. <br /> You stated that a vacancy on the Board of Commissioners exists and the Cotton Valley Town <br /> Council would like to appoint Gene Gibson to-the Board of Commissioners. Gene Gibson is the <br /> brother of Terry Gibson. <br /> Generally,La.R.S.42:1119A provides that no member of the immediate family of an agency head <br /> shall be employed in his agency. However,exceptions to the nepotism prohibition are contained in <br /> La. R.S. 42:1119C(1) and(6), which provide the following: <br /> (1) Any person serving in public employment on the effective date of this Section, <br /> whose employment is in violation of this Section,may continue in such employment <br /> and the provisions of this Section shall not be construed to hinder, alter, or in any <br /> way affect normal promotional advancements in public employment for such <br /> employee. <br /> (6) The provisions of this Section shall not apply to the employment of a volunteer <br /> 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 <br /> governing authority. For purposes of this Paragraph, "volunteer firefighter" shall <br /> mean a member of a volunteer fire department who participates in fire and rescue <br /> functions and who receives no remuneration for his services,and"decision regarding <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />