| Disqualification Plan Request from Jessica Baudoin, employee of Office of Motor Vehicles, and her sister, Shantel Thomas, also an employee of the Office of Motor Vehicles. |
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Ms. Baudoin is an employee of the Louisiana Office of Motor Vehicles ("OMV") as Motor Vehicle Compliance Analyst IV. She has been employed in that position since October 2021.
Her sister, Shantel Thomas, is also an employee of OMV, as the Field Administrator North, domiciled in the Lafayette office of OMV. She has been in that position since October 2018. In that role, Ms. Thomas serves as an assistant to the Deputy Secretary of OMV as has various duties, including overseeing all aspects of field operations, headquarters operations and customer service operations.
Ms. Baudoin would like to apply for a promotion to the position of Motor Vehicle Manager 1 in the Lafayette Office of OMV. If she were to receive this promotion, Ms. Thomas would be her direct supervisor.
Ms. Baudoin has submitted a disqualification plan to avoid any potential violation of La. R.S. 42:1112, whereby Ms. Thomas would recuse herself from participating in any transaction or duties involving Ms. Baudoin, including, but not limited to, disciplinary actions, transfers, training, promotions and salary changes. Any such decisions will be handled by Paige Joyner, who serves as Field Administrator South for OMV.
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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. 42:1119C(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.
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Approve disqualification plan request.
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| Assigned Attorney: |
Charles Reeves |
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