| Advisory Opinion request on behalf of Lafayette City-Parish Consolidated Government ("LCG") for the approval of a disqualification plan regarding employees Joshua Bertrand and Chris Bertrand. |
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Joshua Bertrand was hired by LCG on or about August 1, 2004. His brother, Chris Bertrand,was hired by LCG in December 2011. Both brothers are employed as a Wastewater Operator Level IV at LCG's Ambassador Caffery Water/Wastewater Treatment Plant. Neither employee currently has any supervisory authority over the other.
LCG is considering promoting Joshua Bertrand to Chief Operator of the Ambassador Caffery Water/Wastewater Treatment Plant. The Chief Operator is the highest-ranking employee at the plant. The Chief Operator position reports to Operations Supervisor Pat Edmond, who oversees and manages the operations of all the water/wastewater treatment plants for LCG.
PROPOSED DISQUALIFICATION PLAN
In the event Joshua Bertrand is promoted to Chief Operator, LCG proposes that Operations Supervisor Pat Edmond will handle all supervisory employment decisions over Chris Bertrand's employment, including firing, promotions, disciplinary actions, performance evaluations, assignments, and leave requests.
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La. R.S. 42:1119prohibits an immediate family member of an agency head from being employed in his agency.
La. R.S. 42:1102(13) defines "immediate family member" to include a public servant's sibling.
La. R.S. 42:1102(3) defines "agency head" as the chief executive or administrative officer of an agency who exercises supervision over the agency.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the department in which the public servant serves.
La. R.S. 42:1119(C)(2) provides that nothing in this Section shall 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 employees' 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. 42:1112(B)(1)provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, his immediate family member has a substantial economic interest.
La. R.S. 42:1112(C) 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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