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Last modified
7/12/2021 10:12:23 AM
Creation date
7/22/2019 1:51:34 PM
Metadata
2018-951
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-951
Requesting Party
Kevin Kinslow
Agency at Issue
St. Mary Parish Fire Protection District No. 7
Decision Date
7/19/2019
Law
La. R.S. 42:1111C(1)(a)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would prohibit an employee of the St. Mary Parish Fire Protection District No. 7 from being the Fire Chief or Assistant Fire Chief of the Bayou Vista Volunteer Fire Department since the duties of the Fire Chief and Assistant Fire Chief overlap those of a maintenance employee of the Fire District.
Ethics Subject Matters
Outside Employment
Payment - Not Duly Entitled
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STATE OF LOUISIANA <br /> o°'oF LOUa' DEPARTMENT OF STATE CIVIL SERVICE <br /> 0�Q ° T Sr2 <br /> LOUISIANA BOARD OF ETHICS <br /> jiii.,{;;,�/>)� P.O. BOX 4368 <br /> ;Z;ale .� BATON ROUGE, LA 70821 <br /> •/ (225)219-5600 <br /> • "'' <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 22, 2019 <br /> Mr. Kevin Kinslow <br /> District Supervisor <br /> St. Mary Parish Fire Protection District#7 <br /> Post Office Box 243 <br /> Berwick, LA 70380 <br /> RE: Docket No. 2018-951 <br /> Dear Mr. Kinslow: <br /> The Louisiana Board of Ethics, at its July 19, 2019 meeting, considered your request for <br /> reconsideration of an advisory opinion relative to whether you could serve as an officer with the <br /> Bayou Vista Volunteer Fire Department ("BVVFD") and handle emergency calls as a volunteer <br /> fireman while you are employed as a maintenance employee with the St.Mary Parish Fire Protection <br /> District No. 7 which regulates the BVVFD. <br /> FACTS PROVIDED <br /> You stated that you are employed as a compensated maintenance employee by the St. Mary Parish <br /> Fire Protection District No. 7, charged with maintaining the Fire Protection District's equipment, <br /> repairing the equipment,and testing the equipment. You stated that you are also an uncompensated <br /> volunteer fireman for the BVVFD which is regulated by the St.Mary Parish Fire Protection District <br /> No. 7. The Standard Operating Procedures of the BVVFD indicate that one of the duties of the Chief <br /> of the Fire Department is to have custody,care,and management of all fire apparatus and equipment <br /> including that all equipment is in working order. The Standard Operating Procedures of the BVVFD <br /> further provide that the Assistant Fire Chief assist the Fire Chief and assume the duties of the Fire <br /> Chief in his absence. You stated that the Fire Chief no longer has supervision over the maintenance <br /> personnel employed by the St. Mary Parish Fire Protection District No. 7, and questioned whether <br /> as a maintenance employee of the St.Mary Parish Fire Protection District No.7,you could also serve <br /> as an officer for the BVVFD and assist in emergency calls as a volunteer fireman. <br /> LAW <br /> La.R.S.42:1111C(1)(a)prohibits a public servant from receiving any thing of economic value for <br /> any service, the subject matter of which is devoted substantially to the responsibilities, programs, <br /> or operations of the agency of the public servant and in which the public servant participated. <br /> CONCLUSION <br /> The Board concluded and instructed me to inform you,that the Code of Governmental Ethics would <br /> prohibit you from serving as an officer of the BVVFD while you are employed by the St. Mary <br /> Parish Fire Protection District No. 7 as a maintenance worker. Even though the facts have changed <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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