| Disqualification plan for Dr. Luciana Soares and Mr. James Alexander, a married couple employed by Nicholls State University in the Department of Music within the College of Liberal Arts. |
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Dr. Luciana Soares has been employed full-time with Nicholls State University in the Department of Music since August 2002. Her spouse, Mr. James Alexander, was employed as an Adjunct Instructor from August 14, 2007 to May 18, 2013, and he has been employed as a Lecturer in the Department of Music since August 15, 2013, teaching solely for the Music Conservatory Strings Program. Dr. Soares is slated to be named Department Head in August of 2024. The University is poised to institute the following disqualification plan to prevent any participation violations under La. R.S. 42:1112.
Proposed Disqualification Plan
In the matters listed below involving Mr. James Alexander, the Dean of the College of Liberal Arts will function as the initiator and/or first-line approver, and Dr. Luciana Soares, Department Head for Music, is disqualified from participating in any of the following regarding Mr. Alexander:
- Any and all employment requisition (R1/R2) creations related to his position, as well as any on-behalf requisitions;
- Any promotional advancements or pay charges, including academic titles and special awards (e.g., Endowed Professorships, Presidential Award for Teaching Excellence, etc.);
- Performance evaluations;
- Approval of timesheets;
- Approval of travel, and travel advances and reimbursements;
- Approval of purchase requisitions/purchase orders, or P-card transactions;
- Approval of fundraising activities;
- Any and all grant documents and funds; and
- Any other transactions in which Dr. Luciana Soares would have a substantial economic interest.
Conversely, as a Lecturer in the Department of Music, Mr. James Alexander is not in a position to initiate or approve any of the above functions in relation to Dr. Luciana Soares, with the exception of performance evaluations, which is a function wherein all departmental faculty evaluate the department head. Therefore, in the performance evaluation of Dr. Luciana Soares as the Department Head for Music, Mr. James Alexander is disqualified from participating in such evaluations.
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La. R.S. 42:1112B(1) provides 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 provides that no member of the immediate family member 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.
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Approve the proposed disqualification plan.
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| Assigned Attorney: |
Jessica Meiners |
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