| Advisory Opinion request regarding whether the Code of Governmental Ethics ("Code") permits Heather Darby and Walter Theriot to continue employment with the Louisiana Department of Transportation and Development ("DOTD") District 03, Unit 071. |
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Heather Darby is the daughter of Walter Theriot. Heather Darby and Walter Theriot are both employed in DOTD District 03 in Unit 071. Heather Darby is the Administrative Coordinator 4 for Unit 071 and Walter Theriot is a Mechanic 2 in the Tire Shop in Unit 071. Heather Darby was hired on December 27, 2017. Walter Theriot was hired on September 9, 2011. Dwayne Dugas is Heather Darby's immediate supervisor. Mervin Wilson is Walter Theriot's immediate supervisor. While these two employees work in the same unit, they do not supervise each other.
Proposed Disqualification Plan
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 father, Walter Theriot. Samara Guidry, Administrative Coordinator 4 for Unit 070, performs entry of time/payroll for Walter Theriot. The employees have been working under this disqualification plan without issue.
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A prior Advisory Opinion for Docket 2024-738 was issued in November 2024, approving the Disqualification Plan for Heather Darby and her husband. Staff overlooked the request for approval of the Disqualification Plan for Heather Darby and her father Walter Theriot.
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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.
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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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