| Advisory Opinion regarding the Code of Governmental Ethics prohibits the continued employment of John Durkin with Disability Determination Services Program in the Louisiana Department of Health while his sister serves as a Disability Determinations Manager 3; and, request for approval of a Disqualification Plan. |
|
Kimberly Humbles, Deputy Executive Counsel for the Louisiana
Department of Health ("LDH"), submits a disqualification plan for approval
regarding Courtney Elizabeth Olivia, a Disability Determinations Manager 3, and her
brother John Byron Durkin, IT Tech Support Analyst 3 in DDS.
John Durkin was promoted into his position on 06/13/2022. His sister, Courtney Olivia, was promoted into her position on 02/19/2024. Ms. Olivia directly
reports to Christopher Kirby, the Director of the Disability Determination
Services Program. Lastly, Ms. Olivia is in the line of direct supervision over
Mr. Durkin, but there are two levels of management between Ms. Olivia and Mr.
Durkin.
The DDS program was transferred to LDH from the Louisiana
Department of Children and Family Services in October of 2025. Upon review of
employment records, Ms. Humbles discovered this nepotism issues and requests the
following disqualification plan for approval:
Ms. Olivia has and will
continue to be disqualified from any and all appointing authority duties
regarding the employment of Mr. Durkin. These duties include but
are not limited to pay, performance evaluation, promotion, decisions and/or approvals
that may involve a potential substantial economic interest for Mr. Durkin. All
such duties are the responsibility of his Appointing Authority, Christopher Kirby.
These
employees have been
working under this disqualification plan without issue.
|
|
La. R.S. 42:1119A states 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. 42:1112B(1) states
that 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 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.
|
|
|
Adopt the proposed advisory opinion and approve the disqualification plan.
|
|
| Assigned Attorney: |
Kathryn Calmes |
|
|