Meetings
 
Agenda Item
Docket No. 21-043
 
Print
RE:
Disqualification plan submitted by DOTD regarding the promotion of Allen Myles, a Mobile Equipment Operator in DOTD District 03, Gang 530.
Facts:
Disqualification plan was submitted by DOTD regarding the potential promotion of Allen Myles to Highway Foreman 1. Allen Myles and his brother Eddie Myles are currently Mobile Equipment Operators in DOTD District 03, Gang 530. Allen Myles has been in the position since May 12, 2006. Allen Myles applied for and meets the qualifications for promotion to Highway Foreman 1 in District 03, Gang 530.

Allen Myles is the brother of Eddie Myles also employed in DOTD District 03, Gang 530. Eddie Myles has been in the position of mobile equipment operator in District 03 Gang 530 since June 19, 2008. Therefore, DOTD proposed the following disqualification plan for Ethics Board approval, in compliance with La. R. S. 42:1112C to avoid any potential violation of La. R. S. 42:1112.

Allen Myles shall be disqualified from participating in any transaction or appointing authority duties involving Eddie Myles including but not limited to approving leave, signing performance evaluation documents, any discipline if required and recommending hiring promotions. Additionally, Allen Myles shall not perform any functional supervision of Eddie Myles at any time functional supervision includes but is not limited to, determining work assignments, training reviewing work and approving work. Scott Lejeune Highway Foreman1, District 03, Gang 530, will be responsible for any and all transactions appointing authority duties supervisory duties decisions and or approvals whether direct or functional that affect Eddie Myles. In the event that Scott Lejuene is not available, Koury Lafosse, Parish Maintenance Superintendent District 03, Gang 530, will be responsible for supervisory duties, decisions and/or approvals that affect Eddie Myles.

Law:
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.

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.

Recommendations:
Approve proposed disqualification plan.
Assigned Attorney: Suzanne Mooney
 
 
ATTACHMENTS:
Description:
2021-043 - Disqualification Plan Allen Myles