| Request for Approval of a Disqualification Plan submitted by Andy Dotson, East Baton Rouge Parish Attorney, regarding Special Assistant Parish Attorney Lisa Smith and her mother Robin Gastelum. |
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Special Assistant Parish Attorney Lisa Smith serves as the supervisor of the Contract Section of the East Baton Rouge Parish Attorney's Office ("Parish Attorney's Office"). Ms. Smith's mother, Robin Gastelum, serves as the receptionist for the Parish Attorney's Office. As the Supervisor of the Contract Section, Ms. Smith does not supervise the receptionist.
PROPOSED DISQUALIFICATION PLAN: Ms. Smith has acknowledged she will not participate on any employment issues in which her mother, Robin Gastelum, may have a substantial economic interest. In the unlikely event that an issue arises, the matter will be referred to Mr. Dotson as the Parish Attorney, or to Deputy Parish Attorney Courtney Humphrey or Office Coordinator Renita Dixon.
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La. R.S. 42:1112B(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. 42:1112C 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. The Board adopted rules in Chapter 14 of the Title 52 of the Louisiana Administrative Code - Rules of the Board of Ethics that sets forth the reporting requirements for the disqualification plan.
La. R.S. 42:1102(13) defines "immediate family" to include a public servant's parent.
La. R.S. 42:1119: No member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the office, division, agency, commission, board, committee, or other organizational unit in which he works.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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