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Last modified
7/12/2021 10:24:50 AM
Creation date
12/18/2018 4:19:03 PM
Metadata
2018-1334
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-1334
Requesting Party
Chief Earnest Anderson
Decision Date
12/14/2018
Law
42:1119B
Caption
The Code of Governmental Ethics would prohibit Jermaine Prater from being hired by the Cottonport Police Department while she has siblings who serve on the Cottonport Board of Aldermen, since the position is under the supervision of the Cottonport Board of Aldermen.
Ethics Subject Matters
Nepotism
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STATE OF LOUISIANA <br /> 002 <br /> ...... <br /> .i DEPARTMENT OF STATE CIVIL SERVICE <br /> �`�'sfik rick LOUISIANA BOARD OF ETHICS <br /> � <br /> r <br /> P.O.BOX 4368 <br /> l,�J+ BATON ROUGE,LA 70821 <br /> °"^.o (225)219-5600 <br /> "' FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> December 18, 2018 <br /> Chief Earnest Anderson <br /> Cottonport Police Department <br /> Post Office Box 478 <br /> Cottonport, Louisiana 71327 <br /> Re: Ethics Board Docket No. 2018-1334 <br /> Dear Chief Anderson: <br /> The Louisiana Board of Ethics, at its December 14, 2018 meeting, considered your request <br /> for an advisory opinion regarding whether the Code of Governmental Ethics(Code)would prohibit <br /> Jermaine Prater,the sister of two members of the Cottonport Board of Alderman, to be hired by the <br /> Cottonport Police Department. You provided that Cottonport is governed by the Lawrason Act.You <br /> added that while you make budget and hiring recommendations, those recommendations must be <br /> approved by the Cottonport Board of Alderman. Ms. Prater's sisters, Margaret Prater-Jenkins and <br /> Demple Prater, both currently serve on the Cottonport Board of Alderman. <br /> La. R.S. 42:1119B provides that no member of the immediate family of a member of a <br /> governing authority shall be employed by the governmental entity. La. R.S. 42:11102(13) defines <br /> "immediate family"to include a public servant's siblings. La. R.S.42:1102(11)defines"governing <br /> authority"to mean the body which exercises the legislative functions of a political subdivision. <br /> The Board concluded, and instructed me to inform you, that Jermaine Prater would be <br /> prohibited by the Code from being employed with the Cottonport Police Department, since the <br /> position is under the supervision of the Cottonport Board of Aldermen. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If you <br /> have any questions, please contact me at (800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Suzanne Quinlan Mooney <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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