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Last modified
7/12/2021 10:24:59 AM
Creation date
12/17/2018 11:45:42 AM
Metadata
2018-1418
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-1418
Requesting Party
Perry Kirkland
Decision Date
12/14/2018
Law
42:1119A
Caption
The Code of Governmental Ethics would not prohibit Gene Gibson, the brother of the Fire Chief of Webster Parish Fire Protection District No. 8, from being appointed to the Board of Commissioners of the Fire District, since he is a volunteer who receives no compensation for the firefighting services and Terry Gibson has been employed with the Fire District longer than one year.
Ethics Subject Matters
Nepotism
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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 />
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