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V LOpfsf STATE OF LOUISIANA <br /> oDEPARTMENT OF STATE CIVIL SERVICE <br /> ��/•, °'y LOUISIANA BOARD OF ETHICS <br /> P.O.BOX 4368 <br /> + * <br /> BATON ROUGE,LA 70821 <br /> `ONvioeNcf- (225)219-5600 <br /> '••w»••' FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> Tuesday,December 6, 2022 <br /> Vicki Ponthieux <br /> 807 Granger Street <br /> Iowa, Louisiana 70647 <br /> RE: Docket No.2022-812 <br /> Advisory Opinion <br /> Dear Mrs. Ponthieux: <br /> The Louisiana Board of Ethics("Board"), at its December 2,2022 meeting,considered your request for an <br /> advisory opinion as to whether the Louisiana Code of Governmental Ethics ("Code") would prohibit her <br /> and her sister from serving in the same supervisory chain at the Louisiana Department of Transportation <br /> and Development("LaDOTD"). <br /> FACTS PROVIDED <br /> You are employed at the LaDOTD as an Engineer 6 — Gang 717 supervisor. You have worked at the <br /> LaDOTD since 1999. Your sister is also employed with the LaDOTD, as she began working there in May <br /> 2017. She currently works in the District Permit Office (Gang 001) in Lake Charles, with a title of <br /> Engineering Technician 4. You have inquired as to whether you may accept a position in which you would <br /> supervise your sister, or whether your sister can accept a position under your supervision. <br /> LAW <br /> La. R.S. 42:1112(B)(1) states that no public servant shall participate in a transaction involving the <br /> governmental entity in which, to his actual knowledge, any member of his immediate family has a <br /> substantial economic interest. <br /> La.R.S.42:1112(C)allows a disqualification plan to be developed in accordance with rules adopted by the <br /> Board to remove a public servant from participating in transactions that would otherwise present violations <br /> of Section 1112 of the Code. <br /> La.R.S. 42:1119(A) states that no member of the immediate family of an agency head shall be employed <br /> in his agency. <br /> La. R.S. 42:1119(C)(2) provides that the provisions of this Section shall not prohibit the continued <br /> employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal <br /> promotional advancements for such public employee where a member of public employee's immediate <br /> family becomes the agency head of such public employee's agency, provided that such public employee <br /> has been employed in the agency for a period of at least one year prior to the member of the public <br /> employee's immediate family becoming the agency head. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />