| Disqualification Plan Request from Kristy Flynn, on behalf of Central Louisiana Supports and Services Center ("CLSSC"), to approve a plan allowing an CLSSC employee to recuse themselves from any matters relating to their child's employment. |
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CLSSC is one of two supports and services centers operated by Louisiana Department of Health's Office for Citizens with Developmental Disabilities ("OCDD"). The other center operated by OCDD is Pinecrest Supports and Services Center ("Pinecrest").
Deana Frederick is currently an employee of CLSSC as Human Resource Director B. In that role, she reports to Kristy Flynn, who serves as IDD Administrator 1. Ms. Flynn, in turn, report directly to Amanda Pittman, who is the IDD Administrator at Pinecrest. Ms. Pittman also supervises Edwin Ware, who is the Human Resource Director C at Pinecrest.
CLSSC would like to hire Kennedy Melder, the daughter of Ms. Frederick to work in a role unrelated to human resources.
CLSSC has submitted a disqualification plan to avoid any potential violation of La. R.S. 42:1112, whereby Ms. Frederick would recuse herself from participating in any transaction or duties involving Ms. Melder, including, but not limited to, disciplinary actions, transfers, training, promotions and salary changes. Any such decisions will be handled by either Ms. Flynn or Mr. Ware.
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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. 42:1119A 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(19) defines "public servant" to mean a public employee or elected official.
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Approve proposed disqualification plan.
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| Assigned Attorney: |
Charles Reeves |
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