| Advisory Opinion request on behalf of the Lafayette City-Parish Consolidated Government ("LCG") as to the hiring of Jared Gaspard and the approval of a disqualification plan in the event he is hired. |
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Jordan Gaspard was recently promoted by LCG to the position of a Power Production Shift Supervisor in the Power Production Division of Lafayette Utilities Systems ("LUS"). He oversees a four-man Power Plant Technician crew. He reports to Power Production Operations Supervisor Bob Myres.
Jordan Gaspard's brother, Jared Gaspard, is a candidate to be hired to fill an open Power Plant Technician position with LUS. This position would report to Power Production Shift Supervisor Jerry Leger. Jordan Gaspard would not have supervisory authority over this position or technician crew with LUS.
PROPOSED DISQUALIFICATION PLAN:
On occasion, Jared Gaspard may be required to temporarily fill in as a Power Plant Technician on his brother's crew. If this need should occur, LCG proposes that Jared Gaspard shall report directly to Power Production Operations Supervisor Bob Myres, who would handle any employment related issues with regard to Jordan Gaspard's employment with LCG.
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La. R.S. 42:1119(A): No member of the immediate family of an agency head shall be employed in his agency.
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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