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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 pa.rticipating 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. 42:1119C(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 <br /> norinal promotional advancements for such public employee where a member of public <br /> employee's immediate family becomes the agency head of such public employee's agency, <br /> provided that such public employee has been employed in the agency for a period of at least one <br /> year prior to the member of the public employee's immediate family becoming the agency head. <br /> La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, <br /> commission,board, committee, or other organizational unit of a governmental entity. <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(13) defines "immediate family"to include a public servant's spouse. <br /> ANALYSIS AND CONCLUSION <br /> The Board concluded and instructed me to inform you that the proposed disqualification plan is <br /> approved because it is sufficient to prevent violations under Section 1112 of the Code of <br /> Governmental Ethics, and it meets the Board's requirements pursuant to Louisiana Administrative <br /> Code Title 52, Chapter 14, Section 1402. Furthermore, pursuant to La. R.S. 42:1119C(2), Mrs. <br /> Oertling's continued employment as the Principal of Lakewood Elementary School does not <br /> violate the general nepotism prohibition under La. R.S. 42:1119A since she has been employed <br /> with the St. Charles Parish School District for a period of at least one year prior to Dr. Oertling <br /> becoming the agency head. <br /> Changes to the facts as presented may result in a different application of the provisions of the <br /> Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to <br /> laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure <br /> Act,the Lobbyist Disclosure Acts,and the conflict of interest provisions contained in the Louisiana <br /> Gaining Control Law. <br /> If you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> -�- <br /> ; � <br /> r�� <br /> ' f� °r <br /> essica T. Meiners <br /> For the Board <br /> �`2c.i.r�' �' f?��� (�sL.) ?�}<�.,'_'.-�i(}�,'t <br />