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Last modified
7/12/2021 9:53:31 AM
Creation date
7/7/2020 9:29:01 AM
Metadata
2020-429
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2020-429
Requesting Party
Dr. Terry Welke, M.D.
Decision Date
7/2/2020
Law
La. R.S. 42:1119B(1)
La. R.S. 42:1102(11)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit Calcasieu Parish Coroner, Terry Welke, from employing Janci Caldwell, the sister of a Calcasieu Parish police juror since the government entities are separate and distinct.
Ethics Subject Matters
Nepotism
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O <br /> LOUI <br /> A <br /> (0-F LO>U STATE F TATE CI ILN lDEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> r\ �' a. ��� <br /> h , \\q 9 P. O.BOX 4368 <br /> * * BATON ROUGE,LA 70821 <br /> cONrioc.`c (225)219-5600 <br /> «o»•• <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 7, 2020 <br /> Dr. Terry Welke, M.D. <br /> Coroner, Calcasieu Parish <br /> 707-B east Prien Lake Road <br /> Lake Charles, LA 70601-8613 <br /> RE: Docket No. 2020-429 <br /> Dear Dr. Welke: <br /> The Louisiana Board of Ethics, at its July 2,2020 meeting,considered your request for an advisory <br /> opinion as to whether the Code of Governmental Ethics would prohibit you from hiring the sister <br /> of Calcasieu Police Juror, Judd Bares. <br /> FACTS PROVIDED <br /> You stated that you are the Coroner for Calcasieu Parish. You stated that you would like to hire <br /> Janci Caldwell as a Coroner Investigator. You stated that Janci Caldwell is the sister of Judd Bares, <br /> an elected police juror for Calcasieu Parish. You stated that the office of coroner is provided for in <br /> Louisiana Constitution article 5, Section 29, which provides that the coroner is a member of the <br /> judicial branch of government and that some of the responsibility for funding the coroner's office <br /> is delegated to parish governing bodies. <br /> LAW <br /> La.R.S.42:1119B(1)prohibits an immediate family member of a member of a governing authority <br /> or the chief executive of a governmental entity from being employed by the governmental entity. <br /> La.R.S.42:1102(11)defines"governing authority"to mean the body which exercises the legislative <br /> functions of a political subdivision. <br /> CONCLUSION <br /> The Board concluded and instructed me to inform you, the Code of Governmental Ethics (Ethics <br /> Code) would not prohibit you from hiring Janci Caldwell to be employed as a Coroner Investigator. <br /> The Calcasieu Parish Coroner's Office and the Calcasieu Parish Police Jury are separate <br /> governmental entities. As an employee of the Calcasieu Parish Coroner's Office, Janci Caldwell <br /> would not be employed by the Calcasieu Parish Police Jury. Thus, she would not be employed by <br /> the governmental entity of her brother, Judd Bares. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than the Code of Governmental Ethics. If you have any <br /> questions, please contact me at (225) 219-5600 or(800) 842-6630. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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