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Last modified
7/12/2021 9:49:10 AM
Creation date
5/10/2021 9:25:34 AM
Metadata
2021-143
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-143
Requesting Party
Jack Sessions
Decision Date
5/7/2021
Law
R.S. 42:1119A
R.S. 42:1112B(1)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the Pearl River Police Department from hiring Elexis Emmitt and the disqualification plan submitted by the police department meets the requirement to prevent a potential violation due to her mother's employment in the Communications Division.
Ethics Subject Matters
Nepotism
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immediate family has a substantial economic interest. La. R.S. 42:1102(21) defines <br /> "substantial economic interest"to mean an economic interest which is of greater benefit to <br /> the public servant or other person than to a general class of group of persons. <br /> La. R.S. 42:1112C allows a disqualification plan to be developed in accordance with rules <br /> adopted by the Board to remove a public servant from participating in transactions that <br /> would otherwise present violations of Section 1112 of the Code of Governmental Ethics. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that Section 1119 will not prohibit <br /> the Pearl River Police Department from hiring Elexis Emmitt since her mother, Somer <br /> Emmitt, is not the agency head over the Communications Division. <br /> The Board further concluded, and instructed me to inform you, that the proposed <br /> disqualification plan meets the requirements of Chapter 14 of Title 52 of the Louisiana <br /> Administrative Code — Rules of the Board of Ethics to prevent a potential violation of <br /> Section 1112B(1). <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a different application of the provisions of the Code of <br /> Governmental Ethics. Please note that the Board issues no opinion as to past conduct and <br /> that the Board's expressed opinion is limited to an examination of the Code of <br /> Governmental Ethics,the Campaign Finance Disclosure Act,the Lobbyist Disclosure Acts, <br /> and the conflict of interest provisions in the gaming laws. <br /> If you have any questions, please contact me at (800)842-6630 or(225)219-5600. <br /> Sincerely, <br /> LO U[SI(1� A BOAI C-OTHICS <br /> /' _ <br /> Davis . Borae on <br /> For the Board <br /> Page 2 of 2 (Docket No. 2021-143) <br />
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