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La. R.S. 42:1102(18)(a)defines"public employee"to mean anyone,whether compensated or not, <br /> who is(ii)appointed by an elected official when acting in an official capacity, and the appointment <br /> is to a post or position wherein the appointee is to serve the governmental entity or an agency <br /> thereof, either as a member of an agency, or as an employee thereof. <br /> La. R.S. 42:1102(19) defines"public servant" to include a public employee or an elected official. <br /> La. R.S. 42:1119C(2)provides an exception to the nepotism prohibition: <br /> The provisions of this Section shall not prohibit the continued employment of any <br /> 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 <br /> public employees' immediate family becomes the agency head of such public <br /> employee's agency, provided that such public employee has been employed in the <br /> agency for a period of at least one year prior to the member of the public employee's <br /> immediate family becoming the agency head. <br /> ANALYSIS <br /> John Prock would be a public employee if he is appointed to the Fire District Board by the Town <br /> of Greenwood pursuant to La.R.S.42:1102(18)(a)and(19).His agency would be the Fire District, <br /> pursuant to La R.S. 42:1102(2). Mr. Prock would be an "agency head" as a member of the Fire <br /> District Board, pursuant to La. R.S. 42:1102(3). <br /> Generally, La. R.S. 42:1119A would prohibit the immediate family members of John Prock from <br /> being employed by the Fire District if he is a member of the Fire District Board. <br /> However, since Jason McMullen has been employed continuously by the Fire District for more <br /> than one year, Mr. McMullen would not be prohibited from continuing his employment in the <br /> event his father-in-law, John Prock, is appointed by the Town of Greenwood as a member of the <br /> Fire District Board. <br /> PROHIBITED PARTICIPATION <br /> La. R.S. 42:1112B(1) 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 <br /> a substantial economic interest. <br /> La. R.S. 42:1112D No appointed member of any board or commission, except as otherwise <br /> provided in R.S. 42:1120.4, shall participate or be interested in any transaction involving the <br /> agency when a violation of this Part would result. <br /> La. R.S. 42:1120.4 If any appointed member of a board or commission in the discharge of a duty <br /> or responsibility of his office or position, would be required to vote on a matter which vote would <br /> be a violation of R.S. 42:1112, he shall recuse himself from voting. Additionally, the appointed <br /> member shall be prohibited from participating in discussion or debate concerning the matter. <br /> Page 3 of 4 (BD 2022-195) <br />