| Disqualification Plan approval request from Adam Marcantel, Civil Service Director for Lafayette Consolidated Government ("LCG"), relating to potential employment of Mr. Marcantel's son, Alexander Marcantel. |
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Adam Marcantel currently serves as Civil Service Director for LCG, and is the head of the Civil Service Department (the "Department"). His son, Alexander Marcantel would like to submit an application for employment with LCG and be employed by LCG.
The Department is responsible for administering a pre-employment test for all LCG job applicants, and works with other departments within LCG to determine pay rates for LCG employees. The administration of the test and setting of the pay rates is based on objective criteria, and any subjective review of an applicant or employee would be made by the specific department within LCG which would be hiring the applicant or reviewing the employee.
Mr. Marcantel has submitted a disqualification plan to avoid any potential violation of La. R.S. 42:1112, whereby he would recuse himself from participating in any transaction or duties involving Alexander Marcantel, including, but not limited to, approval of application, testing, certification, interviews, and appointment. Any such decisions would be handled by a Civil Service Business Partner or the LCG Municipal Civil Service Board, as appropriate pursuant to municipal regulations.
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The Board previously issued an advisory opinion request allowing a family member of Mr. Marcantel to be employed by LCG if a disqualification plan were submitted and approved (see Docket. 2023-149).
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La. R.S. 42:1112B(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. 42:1112C 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. 42:1113A states that no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(18)(c) provides that a public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt approved disqualification plan.
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| Assigned Attorney: |
Charles Reeves |
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