Meetings
 
Agenda Item
Docket No. 21-220
 
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RE:
Consideration of a Disqualification Plan regarding Angela Clement, Alexis Clement, and Alissa Clement, employees of the Lafourche Parish Clerk of Court.
Facts:
Angela Clement has been employed with the Lafourche Parish Clerk of Court since October 2, 1995. She first started working in the Mortgage and Conveyance Department, and in 1999, she also began providing services in the Accounting Department. In 2016, she was given additional responsibilities and became the supervisor of the Mortgage and Conveyance Department. Based on her education, training and work experience, the Louisiana Clerk's Association has designated her as a Certified Deputy Clerk. Annette Fontana is the present Clerk of Court and is seeking to promote Angela Clement to the position of Chief Deputy Clerk of Court.

Alissa Clement and Alexis Clement are the biological daughters of Angela Clement. On May 1, 2017, both daughters were hired as part-time college students working in the Criminal and Civil Departments processing documents and filing records. During this time, the girls were supervised by Gail Albert, Administrative Assistant to the Clerk of Court and thereafter, they were supervised by Kiley Kliebert, Criminal Department Supervisor,who was responsible for supervising all part-time employees in addition to the Criminal Department.


In May of 2021, both girls will graduate from Nicholls State University, Alissa with an Accounting Degree who will continue to work towards her MBA.

Alissa is currently working in the Accounting Department and it appears she will remain in that department. Since the term of the prior Clerk of Court, which continued when Ms. Fontana became Clerk of Court in 2016, the Accounting Department and its employees have been directly supervised by the Clerk of Court.

Alexis is currently working as a minute clerk assigned to a particular judge. In the past, minute clerks were under the supervision of a supervisor and the Chief Deputy Clerk; however, since Ms. Fontana has been Clerk of Court beginning in 2016, she has not hired a Chief Deputy Clerk. As such, since 2016, Ms. Fontana has supervised the minute clerks together with the assigned judge.

When promoted to Chief Deputy Clerk, Ms. Clement may supervise minute clerks.

In preparation of her promotion to Chief Deputy Clerk of Court, the Lafourche Clerk of Court's Office has prepared a Disqualification Plan that will remove Ms. Clement from any potential participation in her daughters employment by placing them under the direct supervision of the Clerk of Court. In the event the Clerk of Court is not available, Alexis Clement will be supervised by Criminal Department Supervisor or the Civil Department Supervisor, and Alissa Clement will be supervised by the Elections an Jury Supervisor. All interested parties have signed the Disqualification Plan.


Law:
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.

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.


Recommendations:
Adopt proposed advisory opinion and approve the Disqualification Plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-220 Draft Opinion 4.26
2021-220 - Disqualification Plan Annette M. Fontana