2021-220 - Laserfiche WebLink

Honorable Annette M. Fontana Ethics Board Docket No. 2021-220 May 10, 2021 Page 3 B. Every agency head, upon determining that he may be compelled to participate in a transaction involving the governmental entity in violation of Section 1112 of the Code of Governmental Ethics, shall immediately,and prior to such participation,report the details of the transaction,in writing,to his appointing authority and to the board. Rule 1403. Reporting Requirements; Impact on Governmental Entity and Alternative Measures A.Upon receipt of such written communication from the public employee,the immediate supervisor of the public employee, as well as the agency head (or appointing authority, if applicable), shall immediately,and prior to such participation by the public employee,provide the board, in writing, with a report concerning the impact on the efficient operation of the governmental entity of the potential participation by the public employee and shall provide the board with reports as to alternative measures available to the public employee to prevent participation in the prohibited transaction. Rule 1404.Action by the Board A. The proposed disqualification procedure shall be implemented by the public employee and his immediate supervisor, and the public employee shall otherwise refrain from participating in the potential transaction until such time as the board has,in writing,provided the public employee,his immediate supervisor, and his agency head with instructions as to the procedure to avoid participation in the prohibited transaction. CONCLUSION The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would not prohibit the continued employment of Alissa Clement and Alexis Clement after the promotion of Angela Clement,their biological mother,to the position of Chief Deputy Clerk of Court for the Lafourche Parish Clerk of Court since both Alissa Clement and Alexis Clement have been employed for more than one year prior to their mother's promotion. The Board concluded,and also instructed me to inform you,that the Disqualification Plan submitted by you as the Clerk of Court of Lafourche Parish complies with La. R.S. 42:1112C and Chapter 14 of the Rules for the Louisiana Board of Ethics. Therefore,the Board instructed me to advise you that it has approved the Disqualification Plan. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600.