| Proposed disqualification plan for participation by Registrar of Voters of St. Landry Parish, Cheryl Milburn, in transactions involving an immediate family member. |
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A prior advisory opinion was rendered to Cheryl Milburn regarding the promotion and advancement of her sister within the St. Landry Registrar of Voters Office. Cheryl Milburn is agency head of the Registrar of Voters. She is attempting to avoid participation in the transaction and establishing a disqualification plan.
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La. R.S. 42:1112 prohibits a public servant from participating in a transaction in which a member of his immediate family has a substantial economic interest.
La. R.S. 42:1120 provides for a recusal mechanism to avoid potential violations of La. R.S. 42:1112.
LAC 52:1403B 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.
LAC 52:1404 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.
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Deny disqualification plan as currently written and send a letter requesting more clarity on the handling of administrative processes.
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| Assigned Attorney: |
Brett Robinson |
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