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Entry Properties
Last modified
4/1/2024 8:38:46 AM
Creation date
5/9/2022 10:36:35 AM
Metadata
2022-204
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-204
Requesting Party
Ernest Mitchell
Parties Involved
John Prock
Jason McMullen
Agency at Issue
Caddo Parish Fire District No. 3
Decision Date
5/6/2022
Law
1113A
1119A
1112B(1)
Caption
Advisory opinion that the Code of Ethics would not prohibit the Town of Greenwood from appointing the immediate family member of a firefighter for the Caddo Parish Fire District No. 3 to the Board of Commissioners for the District; would not prohibit the firefighter's employment since he has been employed for more than one year prior to the appointment of his immediate family to the Board of Commissioners; and, the immediate family member of the firefighter would be required to recuse himself from any discussion, debate, or vote on any matter involving the District in which the firefighter would have a substantail economic interest.
Ethics Subject Matters
Prohibited Transactions
Nepotism
Participation
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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 />
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