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Consideration of a disqualification plan involving the promotion and supervision of Melissa Arrigo LeBas, Engineer with the Department of Transportation and Development ("DOTD"), while her mother-in-law, Sherri H. LeBas, serves as the Secretary of DOTD. |
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Sherri LeBas has been appointed and serving as the Secretary of the DOTD since February, 2010. Melissa LeBas has been employed full time as an engineer intern with the DOTD for over four years. On July 12, 2014, Melissa LeBas married the son of Sherri LeBas.
Sherri LeBas and Melissa LeBas are submitting a disqualification plan disqualifying Sherri LeBas from any appointing authority and duties regarding the employment of Melissa LeBas. Eric Kalivoda, Deputy Secretary of the DOTD, will be responsible for any and all duties, decisions and/or approvals that would be required of the Secretary of the DOTD that affect Melissa LeBas' employment.
Pursuant to La. R.S. 48:291, an evaluation team consisting of five DOTD employees makes recommendations to the Secretary of DOTD regarding the selection of a consultant engineer. The Secretary has the final decision to select one of the top three ranked consultant engineers based on the recommendations of the evaluation team. Therefore, under the proposed plan, Melissa LeBas will also be disqualified from serving on any evaluation team that makes recommendations to the Secretary regarding the selection of a consultant engineer to contract with DOTD.
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La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119(C)(2) provides that 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 the public employee where a member of the public employee's immediate family becomes the agency head of her agency, provided that the public employee has been employed in the agency for a period of at least one year prior to her immediate family member becoming the agency head.
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. 42:1112(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.
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Accept the proposed disqualification plan.
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| Assigned Attorney: |
Haley Williams |
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