| A Request for an Advisory Opinion, submitted by Vicki Ponthieux, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit her and her sister from serving in the same supervisory chain at the Louisiana Department of Transportation and Development ("LaDOTD"). |
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Ms. Ponthieux is employed at the LaDOTD as an Engineer 6 - Gang 717 supervisor. She has worked at the LaDOTD since 1999. Her sister is also employed with the LaDOTD, as she began working there in May 2017. She currently works in the District Permit Office in Lake Charles (Gang 001), with a title of Engineering Technician 4. She has inquired as to whether she is prohibited from directly supervising her sister and/or whether each of them is prohibited from serving in the same supervisory chain.
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La. R.S. 42:1119A provides 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 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) 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. 42:1112(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: |
LaToya D. Jordan |
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