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Last modified
7/12/2021 9:49:25 AM
Creation date
5/11/2021 8:26:00 AM
Metadata
2021-220
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-220
Requesting Party
Honorable Annette M. Fontana
Decision Date
5/7/2021
Law
R.S. 42:1119A
R.S. 42:1112B(1)
R.S. 42:1112C
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the employment of Alissa Clement and Alexis Clement after the promotion of Angela Clement, their mother, to the position of Chief Deputy Clerk of Court for the Lafourche Parish Clerk of Court since both daughters have been employed for more than one year prior to their mother's promotion.
Ethics Subject Matters
Nepotism
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Honorable Annette M. Fontana <br /> Ethics Board Docket No. 2021-220 <br /> May 10, 2021 <br /> Page 2 <br /> In preparation of her promotion to Chief Deputy Clerk of Court, the Lafourche Clerk of Court's <br /> Office has prepared a Disqualification Plan that will remove Ms. Clement from any potential <br /> participation in her daughters' employment by placing them under the direct supervision of you,the <br /> Clerk of Court. In the event the you are not available, Alexis Clement will be supervised by <br /> Criminal Department Supervisor or the Civil Department Supervisor, and Alissa Clement will be <br /> supervised by the Elections and Jury Supervisor. All interested parties have signed the <br /> Disqualification Plan. <br /> LAWS <br /> La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La.R.S. 42:1119C(2)provides that the provisions of this Section shall not prohibit the continued <br /> employment of any 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 public employee's <br /> immediate family becomes the agency head of such public employee's agency,provided that such <br /> public employee has been employed in the agency for a period of at least one year prior to the <br /> member of the public employee's immediate family becoming the agency head. <br /> La. R.S. 42:1112B(1) states that 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 a <br /> substantial economic interest. <br /> La.R.S.42:1112C allows a disqualification plan to be developed in accordance with rules adopted <br /> by the Board to remove a public servant from participating in transactions that would otherwise <br /> present violations of Section 1112 of the Code. <br /> Rule 1401. Application <br /> A. Every public employee, excluding an appointed member of any board or commission, shall <br /> disqualify himself from participating in a transaction involving the governmental entity when a <br /> violation of Section 1112 of the Code of Governmental Ethics would result. <br /> Rule 1402. Reporting Requirements; General <br /> A. Every public employee, except an agency head,upon determining that he may be compelled to <br /> participate in a transaction involving the governmental entity in violation of Section 1112 of the <br /> Code of Governmental Ethics, shall immediately,and prior to such participation,report the details <br /> of the transaction,in writing,to: 1.his immediate supervisor, 2.his agency head,and 3.to the board. <br />
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