Meetings
 
Agenda Item
Docket No. 22-851
 
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RE:
Request for approval of a disqualification plan pursuant to La. R.S. 42:1112C.
Facts:
Eric Johnson was hired as a Port Facility Maintenance Specialist 3 at the Lake N Charles Harbor and Terminal District Port on June 7, 2021. His father-in-law, Robert Guillory, has been employed by the Port as the Assistant Director of Maintenance since June 3, 2013. Mr Johnson is supervised by Cliff Barnes, Erik Spengler, James Deculus, Director of Maintenance Nick Pestello, and ultimately Executive Director Richert Self. The Port proposes that the individuals listed above continue their supervisory responsibilities regarding Eric Johnson. As Assistant Director of Maintenance, Robert Guillory will not participate in any transaction involving Eric Johnson. To the extent he, in his capacity as Assistant Director of Maintenance, would otherwise be involved in any such transaction, those matters will be handled by the Director of Maintenance Nick Pestello. Insofar as Robert Guillory would have responsibility for work hours, absences, work assignments, room assignments, work duties, evaluations, observations, salary, promotion, disciplinary action, and transfer, these matters will be handled by Nick Pestello, Director of Maintenance or by the Executive Director, Richert Self.
Law:
La. R.S. 42:1112B. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: (1) Any member of his immediate family.

La. R.S. 42:1112C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Mallory Guillot
 
 
ATTACHMENTS:
Description:
2022-851 - Disqualification Plan
2022-851- Advisory Opinion Draft - Ringo