Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
STATE OF LOUISIANA <br /> '4,,o <br /> pE tiousi�.. DEPARTMENT OF STATE CIVIL SERVICE <br /> Sia LOUISIANA BOARD OF ETHICS <br /> ro°;.', ��1!' 7.1 P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> �O+Rioa ,, (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> July 7, 2020 <br /> Xanthe V. Seals <br /> Mayor, Town of Homer <br /> 400 East Main Street <br /> Homer, Louisiana 71040 <br /> Re: Ethics Board Docket No. 2020-433 <br /> Dear Mayor Seals: <br /> The Louisiana Board of Ethics, at its July 2, 2020 meeting, considered your request for an advisory <br /> opinion as to whether the possible hire of Thomas J.Hardaway Jr.,son of District 1 Selectman,Linda <br /> Hardaway, in the position of Assistant Recreational Director would violate the nepotism statutes of <br /> the Code of Governmental Ethics. <br /> FACTS PROVIDED <br /> You stated that Thomas Hardaway Jr. is the son of District I Selectman, Linda Hardaway. You also <br /> stated that Mr.Hardaway has young children who have participated in your programs and that he has <br /> served as a volunteer coach for your football program prior to his mother being elected as District <br /> 1 Selectman in 2018. You stated you would like to hire Mr. Hardaway as the Assistant Recreational <br /> Director. You also stated that Mr. Hardaway's mother, Linda Hardaway, is currently the District 1 <br /> Selectman.You stated that if hired,Mr.Hardaway would answer primarily to the Recreation Director <br /> and secondarily, to the Mayor of the Town of Homer. You also stated that those are the only two <br /> people who would exercise oversight over Mr. Hardaway's job duties. You stated that Mr. <br /> Hardaway's initial placement in the position would be unsalaried due to budget cuts. You stated that <br /> it is unlikely that a salary will be provided this calendar year unless additional funding becomes <br /> available. You also stated that you do not foresee funds becoming available for the position until the <br /> 2021 budget cycle. You stated that due to the COVID-19 pandemic and additional safeguards and <br /> procedures that must be implemented as you try to provide recreational activities, additional <br /> personnel is essential to programmatic success and safety. <br /> LAWS <br /> La. R.S. 42:1119B provides no member of the immediate family of a member of a governing <br /> authority or the chief executive of a governmental entity shall be employed by the governmental <br /> entity. <br /> La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling <br /> interest,or a member of his immediate family may donate services,movable property,or funds to his <br /> agency. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />