Meetings
 
Agenda Item
Docket No. 17-768
 
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RE:
Request for approval of disqualification plan relative to Samuel Cooper, Jr. and Samuel Cooper, III who are employed with the Department of Transportation and Development.
Facts:
Samuel Cooper, Jr., Director of the Louisiana Transportation Research Center (LTRC), is the father of Samuel Cooper, III, Materials Research Administrator, LTRC Research Section. Samuel Cooper, Jr. was hired by LTRC on March 3, 2003 and promoted to LTRC Director on November 9, 2015. Samuel Cooper, III was hired at LTRC on January 3, 2012 and had been employed for over one (1) year when his father was promoted and became Samuel Cooper, III's second line supervisor.

A Disqualification Plan was submitted to avoid a potential violation of La. R.S. 42:1112 providing that Sam Cooper, Jr. is disqualified from any and all appointing authority duties regarding the employment of Sam Cooper, III., any and all duties, decisions and/or approvals required by Sam Cooper, Jr. that affects the employment of Sam Cooper, III, are the responsibility of DOTD Chief Engineer, Janice P. Williams. Further, Samuel Cooper, Jr. has and will continue to recuse himself from any decisions involving Sam Cooper, III's pay, performance evaluation, promotion, or any decision which involves a potential substantial economic interest for Sam Cooper, III.


Law:
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 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 the 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. 42:1112 B(1) prohibits a public servant from participating 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 mandates that every public employee, excluding an appointed member of any board or commission, disqualify himself from participating in a transaction involving the governmental entity when a violation of Section 1112 would result.


Recommendations:
Approve the Disqualification Plan.
Assigned Attorney: Greg Thibodeaux
 
 
ATTACHMENTS:
Description:
2017-768 Disqualification Plan
2017-768- Letter Approving Disqualification Plan