2024-591 - Laserfiche WebLink

• Approval of fundraising activities; • Any and all grant documents and funds; and • Any other transactions in which Dr. Luciana Soares would have a substantial economic interest. Conversely, as a Lecturer in the Department of Music,Mr. James Alexander is not in a position to initiate or approve any of the above functions in relation to Dr. Luciana Soares,with the exception of performance evaluations, which is a function wherein all departmental faculty evaluate the department head. Therefore, in the performance evaluation of Dr. Luciana Soares as the Department Head for Music, Mr. James Alexander is disqualified from participating in such evaluations. LAW La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency. La. R.S. 42:1102(13) defines "immediate family"to include a public servant's spouse. La. R.S. 42:1102(21) defines "substantial economic interest" as an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons. 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.42:1112C 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. 42:1119A provides that no member of the immediate family member of an agency head shall be employed in his 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. ANALYSIS AND CONCLUSION The Board concluded and instructed me to inform you that the continued employment of Mr. Alexander as a lecturer in the Department of Music while Dr. Soares serves as the agency head of the Department of Music does not violate the general nepotism prohibition under La. R.S. 42:1119A since Mr. Alexander has been employed in the Department of Music for more than one year prior to Dr. Soares becoming the Department Head for Music pursuant to La. R.S. Page 2 of 3 (BD 2024-591)