| Disqualification plan concerning Brandon Edwards' promotion to Shreveport Fire Station 17 while his brother, Derrick Cooper, serves as Captain of Station 17. |
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Brandon Edwards and Derrick Cooper are brothers. They are both employed with the Shreveport Fire Department. Derrick Cooper has been employed with the Shreveport Fire Department for over 30 years. Derrick Cooper currently serves as the captain in charge of Shreveport Fire Station 17. Brandon Edwards has been employed with Shreveport Fire Department for over 16 years. Brandon Edwards currently serves on a swing shift. He has served his time and has the seniority for a promotion to a permanent ladder truck fire fighter. He is due to be promoted to serve in Station 17. Therefore, Brandon Edwards's brother would be his immediate supervisor. The oversight supervisor over Derrick Cooper is Captain Chancellor Williams. He has volunteered to supervise Brandon Edwards and handle all issues related to his employment.
Disqualification Plan
Derrick Cooper has and will be disqualified from any and all Appointing Authority duties regarding the employment of his brother, Brandon Edwards. These duties include but are not limited to pay, performance evaluation, promotion, decisions and/or approvals that may involve a substantial economic interest for Brandon Edwards. These matters are now the responsibility of Captain Chancellor Williams.
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La. R.S. 42:1112B(1): 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. qualification 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. 42:1112C 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. 42:1119: 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)(vi) defines "agency" for public servants of political subdivisions to mean the office, division, agency, commission, board, committee, or other organizational unit in which he works.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency.
La. R.S. 42:1102(13) defines "immediate family" to include a public servant's siblings.
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Adopt advisory opinion and approve the disqualification plan.
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| Assigned Attorney: |
Suzanne Mooney |
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