Agenda Item
Docket No. 24-107
Disqualification Plan request from Sid. J. Gautreaux, on behalf of East Baton Rouge Parish Sheriff's Office, relating to Major Frederick Thomas and his son, Sgt. Travis Thomas.
Sgt. Travis Thomas has been employed by EBRPSO since April 14, 2016. Since July 6, 2020, Sgt. Thomas has been assigned to the Coroner's Section within the Community Engagement Division (the "Division").
Major Frederick Thomas was promoted to the Major of the Division on November 6, 2023.
Major Thomas is the father of Sgt. Thomas.
EBRPSO has submitted a disqualification plan to avoid any potential violation of La. R.S. 42:1112, whereby Major Thomas would recuse himself from participating in any transaction or duties involving Sgt. Thomas Marcantel, including, but not limited to, disciplinary actions, transfers, training, promotions and salary changes. Any such decisions would be handled initially by Captain Kenneth Huber with final approval by Colonel Bryan White.
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. 42:1119A states that 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)(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(19) defines "public servant" to mean a public employee or elected official.
Approve disqualification plan as proposed.
Assigned Attorney: Charles Reeves
2024-107 - AO / Disqualification Plan
2024-107 - Disqualification Plan Draft -Gautreaux