| Request to approve a Disqualification Plan submitted on behalf of Nicholls State University ("University") involving Lindsay Spencer, Administrative Coordinator 4 within the MBA Department, and her daughter-in-law, Amber Brady-Billiot. |
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Lindsay Spencer was previously employed full-time as an Administrative Coordinator 3 in the Dean's Office within the Al Danos College of Business. She started her employment at the University in July 2022. In May 2025, after meeting and successfully completing the University's job bid procedures, Mrs. Spencer was promoted to the position of Administrative Coordinator 4 within the MBA Department.
At the time Mrs. Spencer was promoted to the Administrative Coordinator 4 position, an incumbent member of the MBA Department, Amber Brady-Billiot had been serving as the Assistant MBA Director since April 2024. Mrs. Brady-Billiot is the daughter-in-law of Mrs. Spencer.
Both employees report to Mr. Raymond Peters, Director of the MBA Program, who in turn reports to Dr. Marilyn Macik-Frey, the Dean of the Al Danos College of Business.
Ms. Brady-Billiot recused herself from any involvement in the hiring process as soon as Mrs. Spencer applied for the Administrative Coordinator 4 position. However, to prevent any participation violations outlined in LRS 42:1112B(1), approval is sought for the following disqualification plan for Mrs. Brady-Billiot:
PROPOSED DISQUALIFICATION PLAN:
In all matters listed below involving Mrs. Spencer, Dr. Marilyn Macik-Frey, Dean of the Al Danos College of Business, will serve as the initiator or first-line approver, and Mrs. Amber Brady-Billiot will be disqualified from participating in any of the following concerning Mrs. Spencer:
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Any and all employment requisition (R1/R2) creations related to her position;
· Any promotional advancements or pay changes;
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Performance evaluations;
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Approval of timesheets;
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Approval of travel, travel advances, and reimbursements;
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Approval of Purchase requisitions/purchase orders, or P-card transactions; and,
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Any other transactions in which Mrs. Amber Brady-Billiot may have an economic interest.
Conversely, as an employee in the MBA Department, Mrs. Spencer is not authorized to initiate or approve any of the above functions concerning Mrs. Brady-Billiot.
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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. 42:1102(2)(a)(i) defines "agency" for as the office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. 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 mother -in-law.
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Adopt draft advisory opinion and approve the Disqualification Plan.
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| Assigned Attorney: |
Suzanne Mooney |
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