| Advisory opinion request regarding the adoption of a disqualification plan submitted by Jay Clune, President of Nichols State University, for Amanda Enclade Fremin. |
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Amanda Enclade Fremin has been employed with Nichols State University since June of 1999 and currently serves as the Assistant to the Vice President of Student Affairs. Mrs. Fremin disclosed several businesses owned by her father-in-law, Dale Fremin, and her husband, Donovan Fremin, to her supervisor, Dr. Michele Caruso, Vice President of Student Affairs. A list of these businesses is on file with her supervisor. Occasionally, Nichols State University engages with one or more of these businesses, and which may require corroboration with the Office of Student Affairs.
As of today, no contracts exist between Student Affairs and the immediate family member businesses. Amanda has refrained from any participation and/or involvement with the contracts between other Nichols University Departments and the immediate family members business.
PROPOSED DISQUALIFICATION PLAN
Amanda Enclade Fremin in matters listed below involving Donovan Fermin's family-owned businesses is disqualified from participating in any of the following:
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Approval of purchase requisitions /purchase orders, or P-card transactions.
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Contract negotiations
3.
Bid process; and,
4.
Any other transactions in which she or her husband or her father-in-law or his family businesses would have a substantial economic interest.
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La. R.S. 42:1113(A)(1)(a): No public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a) 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(19) defines "public servant" as a public employee or elected official.
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 (13) defines "immediate family" as the term relates to a public servant to include her spouse and her father-in-law.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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