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Policy 1417 – Nepotism and Prohibited Transactions

Revision Date: 03/16/2022
Last Reviewed Date: 03/16/2022
Responsible Office: Office of the President
References: Chapter III, Section IX – Board of Supervisors (Rules) – University of Louisiana System; LA RS 42:1119; LA RS 42:1112; LA RS 42:1102

Policy

Louisiana Tech University shall be in full compliance with the Code of Governmental Ethics regulation on nepotism found in Louisiana Revised Statutes 42:1119. The University of Louisiana System  Bylaws and Rules authorizes employment of persons from the same economic unit or the same immediate family when allowed by law. The Board defines agency, immediate family and any other relevant terms pursuant to the definitions found in the Code of Governmental Ethics in Louisiana Revised Statutes 42:1102, or as interpreted by the Louisiana Board of Ethics. No interpretation of this section shall at any time conflict with the Governmental Code of Ethics or any other related statute.

The general provisions of Louisiana Revised Statutes 42:1119 state that no member of the immediate family of an agency head may be employed in his/her agency. If a person qualifies as an agency head, then the following family members may not be employed in his/her agency because they classify as members of his/her immediate family:

  • Children
  • Spouses of children (daughters-in-law, sons-in-law)
  • Brothers and sisters
  • Spouses of brothers and sisters
  • Parents
  • Spouse
  • Parents of spouse (mother-in-law, father-in-law)

Additionally, the Code of Governmental Ethics, Part II Ethical Standards for Public Servants, Section 1112 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 of the following persons has a substantial economic interest:

  • Any member of his immediate family
  • Any person (legal entity) in which he has a substantial economic interest of which he may reasonably be expected to know.
  • Any person (legal entity) of which he is an officer, director, trustee, partner, or employee.
  • Any person (legal entity) with whom he is negotiating or has an arrangement concerning prospective employment.
  • Any person (legal entity) who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes anything of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.

Violation may subject the offender, including the employee and his or her immediate supervisor, to both University disciplinary action and State of Louisiana disciplinary action and/or penalties.

Definitions

“Agency” means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. (Additional definitions in LA RS 42:1102)

“Agency head” means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.

“Immediate Family” as the term relates to a public servant means his/her children, the spouses of his/her children, his/her brothers and their spouses, his/her sisters and their spouses, his/her parents, his/her spouse, and the parents of his/her spouse.

Procedures

Not applicable.

Policy 1417 – Nepotism and Prohibited Transactions

Revision Date: 03/16/2022
Last Reviewed Date: 03/16/2022
Responsible Office: Office of the President
References: Chapter III, Section IX – Board of Supervisors (Rules) – University of Louisiana System; LA RS 42:1119; LA RS 42:1112; LA RS 42:1102

Policy

Louisiana Tech University shall be in full compliance with the Code of Governmental Ethics regulation on nepotism found in Louisiana Revised Statutes 42:1119. The University of Louisiana System  Bylaws and Rules authorizes employment of persons from the same economic unit or the same immediate family when allowed by law. The Board defines agency, immediate family and any other relevant terms pursuant to the definitions found in the Code of Governmental Ethics in Louisiana Revised Statutes 42:1102, or as interpreted by the Louisiana Board of Ethics. No interpretation of this section shall at any time conflict with the Governmental Code of Ethics or any other related statute.

The general provisions of Louisiana Revised Statutes 42:1119 state that no member of the immediate family of an agency head may be employed in his/her agency. If a person qualifies as an agency head, then the following family members may not be employed in his/her agency because they classify as members of his/her immediate family:

  • Children
  • Spouses of children (daughters-in-law, sons-in-law)
  • Brothers and sisters
  • Spouses of brothers and sisters
  • Parents
  • Spouse
  • Parents of spouse (mother-in-law, father-in-law)

Additionally, the Code of Governmental Ethics, Part II Ethical Standards for Public Servants, Section 1112 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 of the following persons has a substantial economic interest:

  • Any member of his immediate family
  • Any person (legal entity) in which he has a substantial economic interest of which he may reasonably be expected to know.
  • Any person (legal entity) of which he is an officer, director, trustee, partner, or employee.
  • Any person (legal entity) with whom he is negotiating or has an arrangement concerning prospective employment.
  • Any person (legal entity) who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes anything of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.

Violation may subject the offender, including the employee and his or her immediate supervisor, to both University disciplinary action and State of Louisiana disciplinary action and/or penalties.

Definitions

“Agency” means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. (Additional definitions in LA RS 42:1102)

“Agency head” means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.

“Immediate Family” as the term relates to a public servant means his/her children, the spouses of his/her children, his/her brothers and their spouses, his/her sisters and their spouses, his/her parents, his/her spouse, and the parents of his/her spouse.

Procedures

Not applicable.