§ 24-191. Appointment and qualifications.

(a)

Hearing officer(s) appointed herein shall be by the parish president, with confirmation by a majority vote of the parish council.

(b)

Before assuming office, each hearing officer shall be sworn before the parish attorney to uphold the Constitution of the United States, the laws and Constitution of the State of Louisiana, and the Charter and ordinances of St. Martin Parish, Louisiana, as well as to abide by the provisions of the Louisiana Code of Governmental Ethics.

(c)

A hearing officer shall have the following specific qualifications:

(1)

A hearing officer shall be an attorney licensed to practice law in the state;

(2)

A hearing officer shall be an attorney in good standing with any and all state courts in the state;

(3)

A hearing officer must have been licensed to practice law in the state for three consecutive years prior to appointment and shall not be under or subject to any disciplinary proceedings;

(4)

A hearing officer cannot have been employed by, nor been the legal representative of, nor transacted any business with parish government or any of its departments or agencies within two years of appointment as a hearing officer; and

(5)

A hearing officer cannot have practiced before the parish council within three years of employment as a hearing officer.

Prohibitions as to a hearing officer shall also include that person's law firm or association of attorneys.

Each hearing officer appointed shall be deemed to be an independent contractor of parish government and shall receive only the compensation set by the parish president and approved by an affirmative vote of the majority of the parish council. As an independent contractor, therefore, the appointment shall not be construed to create an employer-employee or master-servant relationship. A hearing officer appointed shall be solely responsible for any employment, labor, industry, business, property, or income tax obligations arising from the appointment, and parish government shall not withhold or pay any taxes on a hearing officer's behalf or in connection therewith. Furthermore, it shall be a hearing officer's obligation to maintain legal malpractice insurance in an amount of not less than $500,000.00.

(Ord. No. 18-06-1227-OR, 6-5-2018)