| Advisory Opinion and Disqualification Plan request of Eric Mancuso, Jr., an employee with the Sewerage & Water Board of New Orleans. |
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Eric Mancuso, Jr. was hired by the Sewerage & Water Board of New New Orleans (Water Board) on January 6, 2014, as a Utility Maintenance Master Specialist 1 in the Instrument Shop - Group 4130 in the Facility Maintenance Department. His supervisor is Harry Quebedeaux.
At the time he was hired, Eric's father, Eric Mancuso, Sr., was employed by the Water Board as a Utility Maintenance Supervisor over the Electricians - Group 4120. On October 14, 2016, Eric Mancuso, Sr. was promoted to the position of Utility Senior Service Manager, placing him as a supervisor over the Instrument Shop. Since January 7, 2017, Eric Mancuso has served as the acting Utility Senior Service Administrator over the entire Facility Maintenance Department.
Eric Mancuso Sr. has proposed a disqualification plan that removes all decision making authority as to Eric Mancuso Jr.'s employment. All decisions as to promotions, discipline, etc., will be handled by Harry Quebedeaux. In the event Mr. Quebedueax is unavailable, two other supervisors, Rick Ranko and Bobby Brouillette, will handle any supervisory issues over Eric Mancuso Jr.'s employment. All have acknowledge the proposed disqualification plan.
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La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1119C(2) provides that the provisions of 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 such public employee where a member of public employee's immediate family becomes the agency head of such 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. 42:1112B(1) states 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. 42:1112C 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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Adopt the proposed advisory opinion and approve the disqualification plan.
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| Assigned Attorney: |
David Bordelon |
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