| Advisory opinion/ disqualification plan regarding a correctional officer and his mother and stepmother's employment as communications supervisors with the St. Martin Parish Sheriff's Office. |
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The St. Martin Parish Sheriff's Office requests approval of a proposed disqualification regarding Gaven Melancon, who is a full-time Correctional Officer in the Corrections Division. Both Mr. Melancon's mother and stepmother serve as supervisors in the 911 Communications Department of the Support Services Division.
The request indicates that Gaven and his mother and stepmother are in different divisions and therefore unlikely to work together; however, if one of the employees is transferred, re-assigned, or promoted, they may at some point work in the same division. The request proposes that, should something change with the regard to their assigned positions, "they will be disqualified and excluded from all duties, decisions, and/or approvals required by the St. Martin Parish Sheriff's Office that affect the employment and/or salary of one another." The request further explains that the agency will avoid all circumstances which would violate La. R.S. 42:1112 and that all relevant decisions will flow up the proper chain of command directly to the Sheriff or individual appointed by the Sheriff to make such decisions.
The request is signed by Gaven Melancon, Katie Santiny, and Dixilyn Santiny, but there is no indication of which, if any, of these signatories is Mr. Melancon's mother.
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La. R.S. 42:1102(12) 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.
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.
La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be
employed in his agency.
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Reject proposed disqualification plan.
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| Assigned Attorney: |
Kelsey Simmons |
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