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2016-026
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Last modified
7/12/2021 11:17:08 AM
Creation date
3/21/2016 2:13:57 PM
Metadata
2016-026
Fields
Template:
Opinion Item
Opinion Type
Opinion
Docket Number
2016-026
Requesting Party
Maria J. Leon, Deputy CAO, City of Kenner
Parties Involved
City of Kenner
Barry Spargue
Information Technology Department
Jay Sprague
Deputy Chief Administrative Officer
Decision Date
3/18/2016
Caption
Approval of a disqualification plan, submitted on behalf of the City of Kenner, involving the continued employment of a systems specialist, in the Information Technology Department, at a time when his brother is employed as the director of the Department.
Ethics Subject Matters
Recusal
Prohibited Transactions
Participation
Nepotism
Disclosure - Other
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the governmental entity in which, to his actual knowledge, any member of his immediate <br /> family has a substantial economic interest. La. R.S. 42:1112(C) allows a disqualification <br /> plan to be developed in accordance with Chapter 14 of the Rules for the Board of Ethics <br /> regarding the removal of a public servant from participation in transactions that would <br /> otherwise present a violation of Section 1112 of the Code. Barry Sprague has been <br /> employed with the Department for more than one year prior to the promotion of his <br /> brother, Jay Sprague, to the position of Director of the Department. Additionally, under <br /> the disqualification plan, Jay Sprague will be completely removed from all supervisory <br /> duties and/or authority as to matters affecting Barry Sprague's employment, including <br /> evaluations, disciplinary actions, promotions, demotions and raises. Therefore, it would <br /> not present a violation of the Code, if Barry Sprague continues his employment with the <br /> Department, while his brother, Jay Sprague, serves as the Director of the Department, <br /> provided the disqualification plan is followed. <br /> This opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other <br /> than the Code of Governmental Ethics. If you have any questions, please contact me at <br /> (800) 842-6630 or (225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> \ 1 H <br /> Vivian Haley William <br /> For the Board <br />
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