2023-208 - Laserfiche WebLink

(vi) For public servants of political subdivisions, it shall mean the agency in which the public servant serves; (3) "Agency head"means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. (13) "Immediate family member"as the term related to a public servant includes his brother. ANALYSIS Jordan Gaspard's agency for purposes of the Code is the LUS Power Production Operations Division of LCG pursuant to La.R.S. 42:1102(2)(a)(vi). Jordan Gaspard's brother,Jared Gaspard, is an immediate family member pursuant to La. R.S. 42:1102(13). Generally, La. R.S. 42:1119(A) prohibits the immediate family member of an agency head from being employed in the agency. However, under these specific facts, Jordan Gaspard is not an agency head pursuant to La. R.S. 42:1102(3), since he is not the chief executive or administrative officer over the Power Production Operations Division, which under the supervision of Power Production Operations Supervisor Bob Myres.As such,Jared Gaspard is not prohibited from being employed by LCG in the LUS Power Production Operations Division as a Power Plant Technician. ISSUE NO.2—PROPOSED DISQUALIFICATION PLAN On occasion, Jared Gaspard may be required to temporarily fill in as a Power Plant Technician on his brother's crew. If this need should occur,LCG proposes that Jared Gaspard shall report directly to Power Production Operations Supervisor Bob Myres, who would handle any employment related issues with regard to Jordan Gaspard's employment with LCG. LAw La. R.S. 42:1112(B)(1)provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, his immediate family member has a substantial economic interest. La. R.S. 42:1102(21) defines"substantial economic interest"to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons La. R.S. 42:1112(C) 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. ANALYSIS Generally, Jordan Gaspard is prohibited by La. R.S. 42:1112(B)(1) from participating in any transaction in which his brother, Jared Gaspard, has a substantial economic interest. However, LCG has proposed a disqualification plan pursuant to La. R.S. 42:1112(C) which designates that Page 2 of 3 (BD 2023-208)