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Last modified
4/1/2024 8:40:47 AM
Creation date
12/6/2022 10:34:52 AM
Metadata
2022-812
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-812
Requesting Party
Vicki Ponthieux
Agency at Issue
Louisiana Department of Transporation and Development Gang 717
Decision Date
12/2/2022
Law
La. R.S. 42:1112B(1)
La. R.S. 42:1112(C)
La. R.S. 42:1119(A)
La. R.S. 42:1119(C)(2)
Caption
The Code of Governmental Ethics does not prohibit the sister of Vicki Ponthieux, an Engineer 6 - Gang 717 Supervisor with LADOTD, from being employed in Gang 717 of the LADOTD.
Ethics Subject Matters
Nepotism
Participation
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ANALYSIS <br /> As the supervisor of the LaDOTD Gang 717,you are an agency head of LaDOTD Gang 717 as defined by <br /> La.R.S.42:1102(2)(a)and(3). La.R.S.42:1119(A)prohibits your sister from being employed in LaDOTD <br /> Gang 717. However, if you were to accept a position in which you would be an agency head over your <br /> sister's agency, La. R.S. 42:1119(C)(2) allows your sister to maintain her employment, since she has been <br /> employed in that position for more than one year. <br /> La. R.S. 42:1112(B)(1) prohibits public servants from participating in transactions involving the <br /> governmental entity in which an immediate family member has a substantial economic interest. Requests <br /> for leave, discipline, pay increases, demotions, and promotions are all examples of transactions in which a <br /> public servant has a substantial economic interest that you should avoid. La. R.S. 42:1102(21). <br /> Accordingly, neither you nor your sister would be permitted to participate, as defined in La. R.S. <br /> 42:1102(15), in matters involving the other's public employment. However, to avoid a participation <br /> violation,La.R.S.42:1112(C),a disqualification plan may be created and submitted to the Board for review <br /> and approval in accordance with Chapter 14 of the Rules for the Board of Ethics, a copy of which is <br /> enclosed. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that based on the facts presented,the Code prohibits <br /> your sister from being employed in Gang 717. However, the Code does not prohibit your employment as <br /> the agency head over your sister's agency, since she has been employed in that position for more than one <br /> year. If you have a question about a specific position sought by you or your sister,you may submit a request <br /> for an advisory opinion. Finally, if you or your sister would be called to participate in matters involving <br /> the other's employment, you should submit a disqualification plan pursuant to Chapter 14 of the Rules of <br /> the Board of Ethics,prior to any participation. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may <br /> result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Louisiana Code of Governmental Ethics, <br /> the Campaign Finance Disclosure Act, the Lobbyist Disclosure Act, and the conflict of interest provisions <br /> contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at (800) <br /> 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> YJordan <br /> nd <br /> Page 2 of2 <br /> Docket No.2022-812 <br />
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