| Advisory Opinion request, as to whether the Code of Governmental Ethics ("Code") permits Heather Darby and Layne Darby to continue employment with the Louisiana Department of Transportation and Development ("DOTD") District 03, Unit 071, and approval of disqualification plan. |
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Heather Darby and Layne Darby are married. They are both employed in DOTD District 03 in Unit 071. Heather Darby is the Administrative Coordinator 4 for Unit 071 and Layne Darby is a Welder Master in Unit 071. Heather Darby was hired on December 27, 2017. Layne Darby was hired on October 3, 2022. Dwayne Dugas is Heather Darby and Layne Darby's immediate supervisor. While these two employees work in the same unit, they do not supervise each other. Heather Darby as the Administrative Coordinator 4 for Unit 071 performs entry of staff time/payroll. However, Heather Darby shall not engage in any entry of time or payroll activities for her husband. Samara Guidry, Administrative Coordinator 4 for Unit 070, performs entry of time/payroll for Layne Darby. The employees have been working under this disqualification plan without issue.
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La. R.S. 42:1119A. No member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119C(1). Any person serving in public employment on the effective date of this Section, whose employment is in violation of this Section, may continue in such employment and the provisions of this Section shall not be construed to hinder, alter, or in any way affect normal promotional advancements in public employment for such employee.
La. R.S. 42:1119C(2). 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 employees' 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. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his immediate family.
La. R.S. 42:1112C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
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Adopt the proposed Advisory Opinion and approve disqualification plan.
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| Assigned Attorney: |
Mallory Guillot |
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