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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 />