2025-762 - Laserfiche WebLink

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 states that no member of the immediate family 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. La. R.S. 42:1102(2)(a)(i) defines "ate" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant"and"his agency"when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. 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. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse. ANALYSIS As the Disability Determinations Manager, Courtney Olivia is a public employee pursuant to La. R.S. 42:1102(18)(a)(ii) and a public servant pursuant to La. R.S. 42:1102(19). Her agency for purposes of the Code is the Disability Determinations Section pursuant to La. R.S. 42:1102(2)(a)(i). It appears that Ms. Olivia may be the chief administrative officer of Disability Determinations. John Durkin,as Ms. Olivia's brother,is her immediate family member. Mr. Durkin has been under the Disability Determinations Manger since June 13, 2022. Since he has been in his position for more than one year prior to his sister becoming the Disability Determinations Manager on February 19, 2024, his continued employment is not prohibited. La. R.S. 42:1112B(1) prohibits Ms. Olivia from participating in any transactions involving her agency in which Mr. Durkin has a personal substantial economic interest. However, La. R.S. Page 2 of 3 (BD 2025-762)