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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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STATE OF LOUISIANA <br /> Op tops DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> P.O. BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.eth ics.state.la.us <br /> May 9, 2022 <br /> Ernest Mitchell <br /> Fire Chief <br /> Caddo Parish Fire District No. 3 <br /> P.O. Box 26 <br /> Greenwood, Louisiana 71033 <br /> Re: Docket No. 2022-204 <br /> Advisory Opinion <br /> Dear Mr. Mitchell, <br /> The Louisiana Board of Ethics, at its meeting on May 6, 2022, considered your request for an <br /> advisory opinion as to whether the Code of Governmental Ethics ("Code") would prohibit John <br /> Prock from being appointed as a member of Board of Commissioners for the Caddo Parish Fire <br /> District No. 3. <br /> FACTS PROVIDED <br /> The Caddo Parish Fire District No. 3 ("Fire District") was created by resolution of the Caddo <br /> Parish Commission and is governed by a Board of Commissioners (`Fire District Board"). The <br /> Fire District Board is comprised of five members: two members are appointed by the Caddo Parish <br /> Commission, two members are appointed by the Mayor and Board of Aldermen for the Town of <br /> Greenwood,and one member,who serves as the chairman,is selected by the other four Fire District <br /> Board members. Members serve two-year terms and receive no compensation for their services. <br /> The Fire District Board will soon have a vacancy. John Prock is a possible appointee on behalf of <br /> the Town of Greenwood. Mr. Prock is the father-in-law of Jason McMullen, who has been <br /> employed as a firefighter by the Fire District for 27 years. <br /> You ask whether John Prock may be appointed as a member of the Fire District Board by the Town <br /> of Greenwood while his son-in-law, Jason McMullen, is employed by the Fire District. <br /> PROHIBITED TRANSACTION <br /> La. R.S. 42:1113A No public servant ... or member of such a public servant's immediate family <br /> ... shall enter into any contract, subcontract, or other transaction that is under the supervision or <br /> jurisdiction of the agency of such public servant. <br /> Page 1 of 4 (BD 2022-204) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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