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Entry Properties
Last modified
7/12/2021 10:15:40 AM
Creation date
6/25/2019 2:12:27 PM
Metadata
2019-545
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-545
Requesting Party
James S. Clark
Decision Date
6/21/2019
Law
La. R.S. 42:1119A
La. R.S. 42:1112B(1)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the continued employment of the daughter of James Clarke with the University of Louisiana at Lafayette if James Clarke is appointed to the Board of Supervisors for the University of Louisiana System since she has been employed for at least one (1) year prior to Clarke becoming an agency head by virtue of his appointment to the Baord of Supervisors for the University of Louisiana System.
Ethics Subject Matters
Nepotism
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STATE OF LOUISIANA <br /> a°bF LO... DEPARTMENT OF STATE CIVIL SERVICE <br /> `S`VMr f9� <br /> LOUISIANA BOARD OF ETHICS <br /> �P,do ' * P.O. BOX 4368 <br /> ° <br /> ij <br /> � . BATON ROUGE, LA 70821 <br /> °rR p4 (225)219-5600 <br /> j0 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> June 25, 2019 <br /> Mr. James S. Clarke <br /> j sc237@gmail.com <br /> Re: Ethics Board Docket No. 2019-545 <br /> Dear Mr. Clarke: <br /> The Louisiana Board of Ethics,at its June 21,2019 meeting,considered your request for an advisory <br /> opinion regarding the continued employment of your daughter with the University of Louisiana at <br /> Lafayette if you are appointed to the Board of Supervisors for the University of Louisiana System. <br /> FACTS PROVIDED <br /> You stated that your daughter has been employed with the University of Louisiana at Lafayette for <br /> the past 11 years. You stated that you are being considered for an appointment to the Board of <br /> Supervisors for the University of Louisiana System. The Board of Supervisors for the University <br /> of Louisiana System oversees the University of Louisiana at Lafayette. <br /> LAWS <br /> La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La.R.S.42:1102(3)defines"agency head"to mean the chief executive or administrative officer of <br /> an agency or any member of a board or commission who exercises supervision over the agency. <br /> La. R.S. 42:1119C(2)provides that the provisions of this Section shall not prohibit the continued <br /> employment of any public employee nor shall it be construed to hinder, alter, or in any way affect <br /> normal promotional advancements for such public employee where a member of public employee's <br /> immediate family becomes the agency head of such public employee's agency,provided that such <br /> public employee has been employed in the agency for a period of at least one year prior to the <br /> member of the public employee's immediate family becoming the agency head. <br /> La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the <br /> governmental entity in which,to his actual knowledge, any member of his immediate family has a <br /> substantial economic interest. <br /> La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to <br /> recuse themselves from voting on matters that violate section 1112 of the Code. The appointed <br /> members may not discuss and debate the matter. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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