| Request to approve the proposed disqualification plan submitted by President Jay Clune of Nicholls State University regarding the employment of Lindsay Spencer within the MBA Department while her mother-in-law Amber Brady-Billiot serves as MBA Director. |
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Mrs. Lindsay Spencer began employment in the Dean's Office of the Al Danos College of Business as Administrative Coordinator 3 in July 2022. In May 2025, after completing the University's job bid procedures, Mrs. Spencer was awarded the position of Administrative Coordinator 4 in the MBA Department. Mrs. Spencer's mother-in-law Mrs. Amber Brady-Billiot had been serving as Assistant MBA Director since April 2024. On November 7, 2025, the Board voted in Docket No. 2025-475 to approve the disqualification plan that has since been in effect.
In August 2026, Mrs. Brady-Billiot will assume the MBA Director role when it is vacated by Mr. Raymond Peters. Mrs. Spencer will continue to report directly to Marilyn Macik-Frey, Ph.D., Dean of the Al Danos College of Business, who will serve as the initiator or first-line approver. Mrs. Brady-Billiot will also report to the Dean.
The University is seeking approval of a new disqualification plan in which Mrs. Brady-Billiot will be disqualified from participating in any matters regarding the employment, compensation, evaluation, and promotion of Mrs. Spencer, and/or any other transactions in which Mrs. Spencer may have an economic interest. Conversely, since Mrs. Spencer is an employee and not an agency head, she is not authorized to initiate or approve any such transactions involving Mrs. Brady-Billiot.
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The request states that "Mrs. Amber Brady-Billiot will be disqualified from" participating in "any other transactions in which Mrs. Amber Brady-Billiot may have an economic interest." It is supposed to say Mrs. Spencer for the second name, not Brady-Billiot.
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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(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(1) 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.
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Adopt proposed advisory opinion and approve proposed disqualification plan.
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| Assigned Attorney: |
Kelsey Simmons |
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