2023-1023 - Laserfiche WebLink

LAW La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest. La.R.S.42:1112C allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code. La. RS. 42:1119A provides that no member of the immediate family member of an agency head shall be employed in his agency. La. R.S. 42:1119C(2)provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public , employee's immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head. La.R.S.42:1102(2)(a)(i)defines"agency"for as the office,division,agency, commission,board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency. La. R.S. 42:1102(13) defines "immediate family"to include a public servant's spouse. ANALYSIS Dr. Glen Gentry's agency, for purposes of the Code, is the Southeast Region of the LSU AgCenter Extension pursuant to La.R.S.42:1102(2)(a)(i).As the Interim Regional Director for the Southeast Region, Dr. Glen Gentry is an agency head pursuant to La. R.S. 42:1102(3). Generally, La. R.S. 42:1119A prohibits Dr. Glen Gentry's immediate family members from being employed with the LSU AgCenter Extension in the Southeast Region while he is the Interim Regional Director. However, La. R.S. 42:1119C(2) provides an exception to allow Dr. Glen Gentry's immediate family members to continue their employment in the Southeast Region,if they were employed for more than one year prior to his initial employment as the Interim Regional Director.This exception applies to Dr.Donna Gentry since she has been employed in the Southeast Region for more than one year prior to Dr. Glen Gentry becoming the agency head. Additionally, Dr. Glen Gentry is prohibited by La. R.S. 42:1112B(1) from participating in any transaction in which his spouse has a substantial economic interest. However, pursuant to the disqualification plan submitted, all matters involving Dr. Donna Gentry's employment will be handled by the LCES Director. Thus,the proposed disqualification plan meets the requirements of Chapter 14 of Title 52 of the Louisiana Administrative Code -Rules of the Board of Ethics. Page 2 of 3 (BD 2023-1023)