| Request from Erath Police Chief Anna LaPointe for approval of a disqualification plan regarding her husband, Chad LaPointe's, employment with the Erath Police Department. |
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Chief LaPointe was elected Erath Police Chief in the March 25, 2017 election. Her husband Chad LaPointe has been employed as a reserve dispatcher for the Erath Police Department since July 19, 2009. Chief LaPointe provided that since her husband has been employed with the agency for over a year when she was elected Police Chief, it's her understanding that La. R.S. 42:1119C would allow her husband to continue his public employment with her agency, the Erath Police Department. However, to avoid any participation violation, she has implemented and submitted a disqualification plan addressed herein. La. R.S. 42:1112(c) allows a disqualification plan to be developed in accordance with the Rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of La. R.S. 42:1112B(1).
Chief LaPointe has submitted a disqualification plan where her husband's employment is supervised by Larry Landry and the Erath City Council. She provided that while performing his duties with the Erath Police Department, Chad LaPointe reports to a shift supervisor. There are four shift supervisors in the Erath Police Department including Larry Landry, Jeff Vincent, Mitch Pommier, and Stanley Campbell. Larry Landry is the second in command at the Police Department and all shift supervisors have been notified to report to him with questions related to her husband's employment. The City Council will have supervision over all issues that may present a violation of La. R.S. 42:112B(1) including but not limited to, discipline, pay, leave etc. The shift supervisors have been instructed that if an issue arises, Mr. Landry is to be notified and he will bring that issue to the Town Clerk Raquel Harris to be placed on the next City Council agenda for further action.
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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. 42:1119C(2) provides a limited exception to the general nepotism prohibition and allows the continued employment and normal promotional advancement of a public employee when a member of the public employee's immediate family becomes the agency head of the 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. 421112B(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.
Ethics Rules Chapter 14, 1404A The proposed disqualification plan procedure shall be implemented by the employee and his immediate supervisor, and the public employee shall otherwise refrain from participating from 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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Adopt proposed disqualification plan.
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| Assigned Attorney: |
Suzanne Mooney |
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