| Request for approval of a proposed disqualification plan from the Louisiana Department of Health's Central Louisiana State Hospital regarding the employment of Dariale Augustine, his father, Johnny Augustine, and his brother, Damarkus Augustine. |
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Central Louisiana State Hospital ("CLSH") is a state psychiatric facility located in Pineville, Louisiana. The CLSH Security Department is managed by the Police Captain, who reports directly to the Chief Operating Officer of CLSH. Dariale Augustine has been employed with the CLSH Security Department since September 22, 2008. His father, Johnny Augustine, has been employed with the CLSH Security Department since January 14, 1991. His brother, Damarkus Augustine, has been employed with the CLSH Security Department since September 24, 2018. Dariale Augustine was promoted to the position of Police Captain effective March 13, 2020, and Johnny Augustine and Damarkus Augustine became Dariale Augustine's subordinates.
To avoid any potential violation of La. R.S. 42:1112B(1), the Louisiana Department of Health and CLSH submits the following proposed disqualification plan for approval by the Board in accordance with La. R.S. 42:1112C.
Proposed Disqualification Plan
Police Captain Dariale Augustine is disqualified and prohibited from participating in any decisions regarding leave requests/approvals, performance evaluations, disciplinary actions, pay increases, promotions, demotions, or any activity that pertains to the employment of his father, Johnny Augustine, or his brother, Damarkus Augustine, with CLSH. Any employment decisions or activities regarding Johnny Augustine or Damarkus Augustine that would normally be performed by the Police Captain will be assigned to the Chief Operating Officer of CLSH.
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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 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)(i) 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(3) defines "agency head" to mean the chief executive or administrative officer of an agency.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
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Approve the proposed disqualification plan.
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| Assigned Attorney: |
Jessica Meiners |
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