| Advisory Opinion request and approval of a disqualification plan regarding Rick Courtney and Haley Courtney's employment at the Eastern Louisiana Mental Health System facility in Jackson. |
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The Louisiana Department of Health ("LDH"), Office of Behavioral Health operates the Eastern Louisiana Mental Health System ("ELMHS") forensic facility in Jackson. Haley Courtney was hired at ELMHS on June 13, 2022. She was transferred to the position of Human Resources Analyst on December 19, 2022.
ELMHS wishes to hire Rick Courtney as Human Resources Director, who will oversee the Human Resources Department. Mr. Courtney is the father of Haley Courtney.
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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. 42:1112B(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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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