2005-038 Sanchez
Created By: Sylvia Scott on 06/14/2006 at 12:42 PM
Category: Ethics Rulings
Caption:


LOUISIANA BOARD OF ETHICS

DATE: June 8, 2006 BD NO: 2005-038

RE: In the matter of Floyd Sanchez



The Louisiana Board of Ethics (the “Board”) pursuant to the authority contained in La. R.S. 42:1141, conducted a private investigation concerning information that Floyd Sanchez, Jr., during his employment with the City of St. Gabriel as Fire Chief, may have violated provisions of the Code of Governmental Ethics by hiring four of his immediate family members.
On the basis of information obtained during the investigation, and with the concurrence of Floyd Sanchez, Jr., the Board now makes the following essential:
I.
Findings of Fact:
1.
Floyd Sanchez, Jr., was hired by the St. Gabriel mayor on January 15, 1995, to serve as the paid fire chief of the St. Gabriel Fire Department.
2.
Chief Sanchez hired Brandy Duncan, his daughter, as a part-time, paid firefighter for the St. Gabriel Fire Department on August 1, 1997. Ms. Duncan resigned from that position on May 30, 2004.
3.
Chief Sanchez hired Tonya LeBlanc, his daughter, as a part-time, paid firefight for the St. Gabriel Fire Department on July 1, 2001. On July 1, 2004, Ms. LeBlanc became a full-time, paid firefighter. Ms. LeBlanc’s position with the fire department was terminated on February 28, 2005.
4.
Chief Sanchez hired Brian Chambers, his son-in-law, as a part-time, paid firefighter for the St. Gabriel Fire Department on July 1, 2001. Mr. Chambers was terminated from his employment on February 28, 2005.
5.
Chief Sanchez hired Gene Duncan as a part-time, paid firefighter for the St. Gabriel Fire Department on July 1, 2001. On May 4, 2002, ten months after he was hired, Mr. Duncan married Brandy, Chief Sanchez’s daughter. Mr. Duncan was terminated from his employment on February 28, 2005.
6.
Chief Sanchez signed the time sheets for Tonya LeBlanc, Brian Chambers, Brandy Duncan and Gene Duncan.
II.

Provisions of Law

Section 1119A of the Code of Governmental Ethics provides in pertinent part:

1119. Nepotism
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1102 Definitions
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Section 1112 of the Code of Governmental Ethics provides in pertinent part:
1112. Participation in certain transactions involving the governmental entity
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1102 Definitions
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III.
Opinion
It is the opinion of the Board that Floyd Sanchez, Jr., violated Sections 1119 and 1112B(1) of the Code of Governmental Ethics by employing Tonya LeBlanc, Brian Chambers, Brandy Duncan and Gene Duncan, all members of his immediate family, in the St. Gabriel Fire Department, while he served as the Fire Chief of the St. Gabriel Fire Department.
Section 1119 of the Code of Governmental Ethics prohibits an immediate family member of an agency head from being employed in his agency. As the fire chief, Chief Sanchez is the agency head of the fire department. Since Chief Sanchez employed four of his immediate family members in the fire department, he violated Section 1119 of the Code. Section 1112B(1) of the Code of Governmental Ethics prohibits a public servant from participating in a transaction involving the governmental entity in which his immediate family member has a substantial economic interest. By signing his immediate family members’ time sheets, Chief Sanchez violated Section 1112B(1) of the Code.
The Board is authorized to impose penalties upon finding that a violation of the Code has occurred. In this particular situation, given the totality of the circumstances, it is the conclusion of the Board that a penalty of $4,000 be imposed on Floyd Sanchez for the above-referenced violations of Sections 1112 and 1119 of the Code, with $2,000 suspended based on his future compliance with the Code.
IV.
DECREE AND ORDER
IT IS ORDERED, ADJUDGED AND DECREED that the Board finds as a matter of fact and as a conclusion of law that Floyd Sanchez, Jr., violated Section 1119 of the Code of Governmental Ethics by employing four of his immediate family members in his agency.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Board finds as a matter of fact and as a conclusion of law that Floyd Sanchez, Jr., violated Section 1112B(1) of the Code of Governmental Ethics by signing his immediate family members’ time sheets.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a civil penalty of $4,000 should be imposed against Floyd Sanchez, Jr., for violating Sections 1119 and 1112B(1) of the Code, with $2,000 suspended based on his future compliance with the Code, and that said penalty be paid to the Treasurer State of Louisiana.
By Order of the Board this 8th day of June 2006.



s/Robert L. Roland s/Hank Perret
Robert L. Roland, Chairman Henry C. Perret, Jr., Vice-Chairman

s/Dr. Herbert V. Baptiste, Sr. s/John W. Greene
Dr. Herbert V. Baptiste, Sr. Judge John W. Greene



Absent and did not participate. s/Gwendolyn P. Hamilton
Judge E. L. Guidry, Jr. Gwendolyn P. Hamilton



s/R. L. Hargrove, Jr. s/Michael T. Johnson
R. L. Hargrove, Jr. Michael T. Johnson



s/Joseph Maselli Absent and did not participate.
Joseph Maselli Ascension Delgado Smith



s/Dolores Spikes
Dr. Dolores Spikes

CONSENT
The undersigned (a) stipulates to the facts found by the Board; (b) waives the procedural requirements contained in Section 1141 of the Code; (c) admits that his conduct, as described above, violated Sections 1119 and 1112B(1) of the Code; (d) consents to the publication of this opinion; (e) agrees to comply with the conditions and orders set forth in this opinion; and, (f) agrees not to seek judicial review of the findings and actions taken in this opinion.

s/Floyd Sanchez, Jr. 4/26/06
Floyd Sanchez, Jr. Date
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