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Last modified
12/3/2025 9:22:16 AM
Creation date
11/12/2025 8:43:19 AM
Metadata
2025-475
Fields
Template:
Opinion Item
Docket Number
2025-475
Requesting Party
Jay Clune
Parties Involved
Lindsay Spencer
Amber Brady-Billiot
Agency at Issue
Nicholls State University
Decision Date
11/7/2025
Law
1119
1112
Caption
Approval of Disqualification Plan involving the MBA Department at Nicholls State University
Ethics Subject Matters
Nepotism
Participation
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PROPOSED DISQUALIFICATION PLAN <br /> In all matters listed below involving Mrs. Lindsay Spencer, Dr. Marilyn Macik-Frey, Dean <br /> of the Al Danos College of Business,will serve as the initiator or first-line approver, and <br /> Mrs. Amber Brady-Billiot will be disqualified from participating in any of the following <br /> concerning Mrs. Spencer: <br /> • Any and all employment requisition(R1/R2) creations related to her position; <br /> • Any promotional advancements or pay changes; <br /> • Performance evaluations; <br /> Approval of timesheets; <br /> • Approval of travel,travel advances, and reimbursements; <br /> • Approval of Purchase requisitions/purchase orders, or P-card transactions; and <br /> • Any other transactions in which Mrs. Amber Brady-Billiot may have an economic <br /> interest. Conversely, as an employee in the MBA Department, Mrs. Spencer is not <br /> authorized to initiate or approve any of the above functions concerning Mrs. Brady- <br /> Billiot. <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 member of an agency head <br /> shall be employed in his agency. <br /> La.R.S.42:1102(2)(a)(i)defines"agency"for as the office,division,agency, commission,board, <br /> 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 mother-in-law. <br /> ANALYSIS <br /> Mrs. Amber Brady-Billiot's agency for purposes of the Code is the MBA Department pursuant to <br /> La. R.S.42:1102(2)(a)(i). However, Mrs. Amber Brady-Billiot is not an agency head of the MBA <br /> Department pursuant to La. R.S. 42:1102(3). Mr. Raymond Peters, Director of the MBA <br /> Department, is the agency head of the MBA Department pursuant to La. R.S. 42:1102(3). <br /> La.R.S.42:1119A does not prohibit Lindsay Spencer's employment within the MBA Department. <br /> However, to avoid a participation conflict with La. R.S.42:1112B(1), which prohibits a public <br /> servant from participating in any transaction in which her immediate family member, may have a <br /> Page 2 of 3 (BD 2025-475) <br />
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