Meetings
 
Agenda Item
Docket No. 19-823
 
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RE:
Disqualification plan for Lieutenant Michael Smith, Louisiana State Police, regarding his brother, Master Trooper Ronnie Smith, Louisiana State Police.
Facts:
Michael Smith was promoted to Lieutenant over the Bureau of Investigation, Gaming Enforcement Division's Bossier City Field Office on June 20, 2019. His brother, Master Trooper Ronnie Smith, currently serves in the same office, where he has served since the commencement of his employment on January 22, 1995. Under the submitted plan, Captain Glen Hale, Commander of the Gaming Enforcement Division Operations Section, will be responsible for any and all duties, decisions, and/or approvals normally required of Lt. Smith regarding his brother. Subject to approval and/or supervision by Capt. Hale, Sergeant Christopher Bastow will conduct employee planning sessions and evaluations, approve performance adjustments, time sheets, overtime, details, and conduct any other transactions that have a substantial economic interest involving Master Trooper Smith. Lt. Smith will not participate in any promotional panels where his brother is an applicant and will not make a recommendation for his promotion.
Law:
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.

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.

Recommendations:
Adopt the proposed disqualification plan.
Assigned Attorney: Matthew DeVille
 
 
ATTACHMENTS:
Description:
2019-823 DQ Plan Draft.v2
2019-823 Disqualification Plan