§ 42:1119 — Nepotism

Louisiana § 42:1119

• Jurisdiction: Louisiana
• Title 42: Public Officers and Employees

Text

§1119. Nepotism
A. No member of the immediate family of an agency head shall be employed in his
agency.
B.(1) No member of the immediate family of a member of a governing authority or
the chief executive of a governmental entity shall be employed by the governmental entity.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection:
(a)(i) Any local school board may employ any member of the immediate family of
any board member or of the superintendent as a classroom teacher provided that such family
member is certified to teach or is temporarily authorized to teach while pursuing certification.
Any local school board in a parish having a population of fewer than sixty thousand
according to the latest federal decennial census may employ any member of the immediate
family of any board member or of the superintendent as a special education related services
professional provided that such family member is licensed in an appropriate field for special
education related services and such family member is the only applicant who meets the
qualifications for the position set by the school board who has applied for the position after
it has been advertised for at least thirty days in the official journal of the school board. A
special education related services professional shall include the following when employed
to provide special education services: a social worker, occupational therapist, physical
therapist, speech therapist/pathologist, teacher of students who are deaf or hard of hearing,
teacher of visually impaired students, or nurse. Any school board member or superintendent
whose immediate family member is employed by the school board shall recuse himself from
any decision involving the promotion or assignment of teaching or service location of such
employee.
(ii) Any local school board with a student enrollment population of four thousand
nine hundred fifty or less may employ any member of the immediate family of any board
member as a school electrician provided that such family member has at least twenty years
of experience as an electrician. Any school board member whose immediate family member
is employed by the school board shall recuse himself from any decision involving the
promotion or assignment of such electrician.
(iii) In addition, by September fifteenth of each school year, any school board
member or superintendent whose immediate family member is employed by the school board
shall file a disclosure statement with the Board of Ethics stating the facts of such
employment. Any person who fails to timely file a disclosure statement under this Item may
be assessed a late fee of fifty dollars per day, not to exceed one thousand five hundred
dollars, subject to the provisions of R.S. 42:1157.
(iv) Any local school board in a parish with a population of twenty-five thousand
five hundred persons or less according to the most recent federal decennial census may
employ any member of the immediate family of any board member or of the superintendent
as a school counselor provided that such family member is certified as a school counselor
and that such family member is the only applicant who meets the qualifications for the
position set by the school board who has applied for the position after it has been advertised
for at least thirty days in the official journal of the parish and in all newspapers of general
circulation in the parish. Any school board member or superintendent whose immediate
family member is employed by the school board shall recuse himself from any decision
involving the promotion or assignment of such employee.
(v) An immediate family member of a member of a local school board or of a
superintendent who has been employed pursuant to Item (i) of this Subparagraph for at least
one year may be promoted to an administrative position by such school board provided that
such family member has the appropriate qualifications and certifications for such position.
A school board member whose immediate family member is to be promoted to an
administrative position pursuant to this Item shall recuse himself from any action involving
the promotion or assignment of job location of such employee, and a superintendent whose
immediate family member is to be promoted to an administrative position shall disqualify
himself from any action involving the promotion or assignment of job location of such
employee. For purposes of this Item, the term "certifications" shall not include any
temporary or provisional certification or certifications.
(vi) Any local school board may employ any member of the immediate family of any
board member or of the superintendent as a school bus operator provided that such family
member is certified as a school bus operator. Any school board member or superintendent
whose immediate family member is employed by the school board shall recuse himself from
any decision involving the promotion or assignment of such employee.
(b)(i) Any hospital service district or hospital public trust authority located in such
a district may enter into an initial recruiting contract with or employ as a health care provider,
a licensed physician, a registered nurse, or an allied health professional who is a member of
the immediate family of any district board, authority, or parish governing authority member
or of the chief executive of the district or authority provided that such family member is the
only qualified applicant who has applied for the position after it has been advertised for at
least thirty days in the official journal of the parish and in all newspapers of general
circulation in the parish where the hospital is located. The chief executive and any member
of a board of a hospital service district or hospital public trust authority which enters into an
initial recruiting contract with or employs such physician, registered nurse, or allied health
professional shall recuse himself from any decision involving the promotion, discipline,
discharge, or assignment of any such employee who is a member of his immediate family.
(ii) Any hospital service district in a parish with a population of between four
hundred thousand and four hundred forty thousand persons as of the most recent federal
decennial census or hospital public trust authority located in such a district may enter into
an initial recruiting contract with or employ as a health care provider, a licensed physician,
a registered nurse, or an allied health professional who is a member of the immediate family
of any district board, authority, or parish governing authority member or of the chief
executive of the district or authority provided that such family member is a qualified
applicant who has applied for the position after it has been advertised for at least thirty days
in the official journal of the parish and in all newspapers of general circulation in the parish
where the hospital is located. The chief executive and any member of a board of a hospital
service district or hospital public trust authority which enters into an initial recruiting
contract with or employs such physician, registered nurse, or allied health professional shall
recuse himself from any decision involving the promotion, discipline, discharge, or
assignment of any such employee who is a member of his immediate family.
(iii) In addition, no later than January thirtieth of each year, any chief executive and
any member of a board of a hospital service district or hospital public trust authority whose
immediate family member enters into an initial recruiting contract with or is employed by
the hospital service district or hospital public trust authority pursuant to this Subparagraph
shall file a disclosure statement with the Board of Ethics stating the facts of such
employment. Any person who fails to timely file a disclosure statement under this Item may
be assessed a late fee of fifty dollars per day, not to exceed one thousand five hundred
dollars, subject to the provisions of R.S. 42:1157.
(c) Any municipality with a population of one thousand persons or less according to
the most recent federal decennial census may employ or appoint, notwithstanding R.S.
42:1113, any immediate family member of a municipal governing authority member,
provided that the family member is the only qualified applicant for the position after it has
been advertised for at least thirty days in the official journal of the municipality. Any
municipal governing authority member whose immediate family member is appointed or
employed by the municipality shall recuse himself from any decision involving the
promotion or assignment of his family member.
C.(1) Any person serving in public employment on the effective date of this Section,
whose employment is in violation of this Section, may continue in such employment and the
provisions of this Section shall not be construed to hinder, alter, or in any way affect normal
promotional advancements in public employment for such employee.
(2) The provisions of this Section shall not prohibit the continued employment of any
public employee nor shall it be construed to hinder, alter, or in any way affect normal
promotional advancements for such public employee where a member of public employees'
immediate family becomes the agency head of such public employee's agency, provided that
such public employee has been employed in the agency for a period of at least one year prior
to the member of the public employee's immediate family becoming the agency head.
(3) The provisions of the Section shall not apply to pilots appointed by the governor
pursuant to R.S. 34:943, 992, 1044, and 1072.
(4) The provisions of this Section shall not apply to the hiring of immediate family
members of members of a governing authority of a municipality with less than two thousand
population and which owns an electrical or gas distribution system. Any member of the
governing authority which employs an immediate family member shall recuse himself from
any decision involving the promotion, discipline, discharge, or assignment of work of his
immediate family member. However, the provisions of this Paragraph shall only apply
when, after proper advertisement, there is no other resident of the municipality who is
qualified and has applied for the position of employment.
(5) The provisions of this Section shall not be construed to prohibit the
reemployment of a retiree whose employment was allowed under the provisions of this
Section on the date of his retirement. Any such reemployment shall be in compliance with
all other applicable laws.
(6) The provisions of this Section shall not apply to the employment of a volunteer
firefighter or to any decision regarding the employment of a volunteer firefighter by an
agency head, a chief executive of a governmental entity, or a member of a governing
authority. For purposes of this Paragraph, "volunteer firefighter" shall mean a member of
a volunteer fire department who participates in fire and rescue functions and who receives
no remuneration for his services, and "decision regarding employment" shall include any
decision involving the employment, promotion, discipline, discharge, or assignment of the
firefighter.
(7) The provisions of this Section and the provisions of R.S. 24:31.5 shall not
prohibit the employment of any employee provided for in R.S. 24:31.5, nor shall it be
construed to hinder, alter, or in any way affect normal promotional advancements for such
employee, so long as the legislator who employs the employee remains a member of the
legislature, provided the employee is employed as provided for in R.S. 24:31.5 in the
legislator's agency by the same legislator at least one year prior to becoming a member of the
immediate family of the legislator. In addition, notwithstanding the provisions of R.S.
42:1112, the legislator may participate in transactions regarding such employment.
D. A willful violation of this Section shall subject the agency head, member of the
governing authority, the public employee having authority to hire and fire the employee, the
immediate supervisor of the employee, whether or not such persons are immediate family
members of the employee, and such employee, to disciplinary action and penalties provided
by this Chapter.
E. Nothing in this Section shall prohibit the employment by a school board of an
immediate family member of an athletic director of a school as a coach at such school.
F. Nothing in this Section shall prohibit the school board of a school system created
after June 1, 2006, from employing an immediate family member of a school board member,
provided that the immediate family member was previously employed in a similar capacity
by a school board within the same parish for a period of at least one year prior to the creation
of the new school system. Any school board member whose immediate family member is
either being considered for employment or is employed by the school board shall recuse
himself from any decision involving the hiring, promotion, or assignment of such employee.
In addition, any such school board member shall be subject to the same disclosure
requirements and penalties provided by Item (B)(2)(a)(iii) of this Section.
G. Nothing in this Section shall prohibit a district attorney from employing an
immediate family member as an assistant district attorney provided that the immediate family
member was continuously employed by the office of the district attorney for that judicial
district for a period of at least nine months immediately prior to the district attorney taking
the oath of office for his initial term as district attorney nor shall the provisions of this
Section be construed to hinder, alter, or in any way affect normal promotional advancements
for such assistant district attorney.
H. Nothing in this Section shall prohibit the continued employment of a cadet or
graduate of the state police training academy in the classified state police service nor shall
it be construed to hinder, alter, or in any way affect normal promotional advancements for
such public employee in the classified state police service where a member of the public
employee's immediate family becomes the agency head of such public employee's agency,
provided that such public employee has been employed in the classified state police service
for a period of at least four months prior to the member of the public employee's immediate
family becoming the agency head.
I. Nothing in this Section shall prohibit the employment of an immediate family
member of a coach of an athletic program at a public higher education institution on the staff
of that program nor shall the provisions of this Section be construed to hinder, alter, or in any
way affect normal promotional advancements for such an immediate family member.

Legislative History

Acts 1979, No. 443, §1, eff. April 1, 1980. Amended by Acts 1982, No. 640, §1; Acts 1992, No. 598, §1; Acts 1995, No. 196, §1, eff. June 14, 1995; Acts 1997, No. 329, §1; Acts 1997, No. 342, §1, eff. June 20, 1997; Acts 1999, No. 1349, §2, eff. July 12, 1999; Acts 2003, No. 913, §1, eff. July 1, 2003; Acts 2003, No. 914, §1, eff. July 1, 2003; Acts 2003, No. 990, §1, eff. July 2, 2003; Acts 2003, No. 997, §1, eff. July 2, 2003; Acts 2004, No. 914, §1, eff. July 12, 2004; Acts 2006, No. 833, §1, eff. July 5, 2006; Acts 2007, No. 150, §1, eff. June 25, 2007; Acts 2007, No. 225, §1; Acts 2008, 1 st Ex. Sess., No. 6, §1, eff. April 26, 2008; Acts 2008, No. 514, §1, eff. June 30, 2008; Acts 2009, No. 452, §1, eff. July 9, 2009; Acts 2011, No. 167, §1, eff. June 24, 2011; Acts 2012, No. 699, §1, eff. June 11, 2012; Acts 2012, No. 811, §15, eff. July 1, 2012; Acts 2014, No. 863, §1, eff. June 23, 2014; Acts 2015, No. 449, §1; Acts 2017, No. 71, §1, eff. June 4, 2017; Acts 2017, No. 146, §9; Acts 2020, No. 9, §1, eff. June 4, 2020; Acts 2021, No. 199, §1, eff. June 11, 2021; Acts 2021, No. 275, §6; Acts 2022, No. 47, §1, eff. May 17, 2022; Acts 2022, No. 50, §1; Acts 2023, No. 227, §1, eff. June 8, 2023.