Meetings
 
Agenda Item
Docket No. 23-816
 
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RE:
Proposed disqualification plan concerning Dr. Darcey Wayment, the Department Head of the Department of Chemistry and Physical Sciences at Nicholls State University, and his spouse, Xue-hui Wayment, an employee in the Department.
Facts:
Dr. Darcey Wayment has been employed in the Department of Chemistry and Physical Sciences at Nicholls State University since January 2010. In August 2023, Dr. Wayment became the Department Head of the Department of Chemistry and Physical Sciences. Xue-hui Wayment is the spouse of Dr. Wayment. Mrs. Wayment has been employed as a part-time faculty member in the Department of Chemistry and Physical Sciences since August 2012 and a full-time faculty member since August 2018.

Dr. Wayment has acknowledged he will not participate on any employment issues in which his spouse, Xue-hui Wayment, may have a substantial economic interest. All employment matters involving Mrs. Wayment will be handled by Dr. John Doucet, Dean of the College of Sciences and Technology. Since all faculty members typically participate in the evaluation of Department Heads, Mrs. Wayment will recuse herself and not participate in any review or evaluation of Dr. Wayment.

Law:
La. R.S. 42:1112B(1): 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. 42:1112C 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.

La. R.S. 42:1119: No member of the immediate family of an agency head shall be employed in his agency.

La. R.S. 42:1119C(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 employee's 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. 42:1102(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.


La. R.S. 42:1102(13) defines "immediate family" to include a public servant's spouse.

Recommendations:
Approve proposed disqualification plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2023-816 - Disqualification plan
2023-816 - Disqualification Plan Approval