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PROPOSED DISQUALIFICATION PLAN <br /> Assistant Chief Troy Tervalon is disqualified and excluded from participating in any duties, <br /> decisions, and/or approvals required by the Bogalusa Police Department that affect the <br /> employment,disciplinary action,and/or salary of Sgt. Gage Tervalon.All duties,decisions, and/or <br /> approvals of matters pertaining to Sgt. Gage Tervalon's employment shall be performed by the <br /> following chain of command: Lieutenant, Captain of his assigned shift,Major assigned to his unit, <br /> and then the Chief of Police. <br /> Law <br /> La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving <br /> the governmental entity in which, to his actual knowledge, any member of his immediate family <br /> has a substantial economic interest. <br /> La.R.S.42:1112C allows a disqualification plan to be developed in accordance with rules adopted <br /> by the Board to remove a public servant from participating in transactions that would otherwise <br /> present violations of Section 1112 of the Code. <br /> La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be <br /> employed in his agency. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the agency in which the public servant serves, except that for members of any governing authority <br /> and for the elected or appointed chief executive of a governmental entity, it shall mean the <br /> governmental entity. Public servants of political subdivisions shall include,but shall not be limited <br /> to, elected officials and public employees of municipalities, parishes, and other political <br /> subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and <br /> their employees; and clerks of court and their employees. <br /> La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency. <br /> La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected, as the case may be. <br /> La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean <br /> his children,the spouses of his children,his brothers and their spouses,his sisters and their spouses, <br /> his parents, his spouse, and the parents of his spouse. <br /> ANALYSIS AND CONCLUSION <br /> Pursuant to La.R.S.42:1102(a)(iv),Assistant Chief Troy Tervalon's agency is the Bogalusa Police <br /> Department, and Sgt. Gage Tervalon's agency is the Patrol Division of the Bogalusa Police <br /> Department. Pursuant to La. R.S. 42:1102(3), the Chief of Police is the agency head of the <br /> Bogalusa Police Department. As such, Assistant Chief Troy Tervalon is not considered an agency <br /> head for purposes of the Code of Governmental Ethics. <br /> Page 2 of 3 (BD 2025-348) <br />