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1990-069
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1990-069
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Entry Properties
Last modified
9/22/2011 8:43:51 AM
Creation date
4/29/2010 8:34:25 AM
Metadata
1990-069
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
1990-069
Requesting Party
Louisiana Board of Ethics
Parties Involved
R. T. Young
Gary Magee
Agency at Issue
Bogalusa City School Board
Decision Date
8/29/1991
Law
42:1119C
42:1112
Caption
A consent opinion regarding a member of the Bogalusa School Board voting to promote his half-brother
Ethics Subject Matters
Nepotism
Participation
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ETHICS BOARD <br /> OPINION NO. 90 -069 <br /> PAGE 5 <br /> III. <br /> OPINION <br /> R. T. Young violated Section 1112 B(1) of the Code by <br /> voting for Mr. Magee's promotion to the position of Principal at <br /> Bogalusa High School. In this case, the impact of his <br /> participation was substantial; in effect, he cast the deciding <br /> vote. The Board view such a violation of the Code as both serious <br /> and obvious. <br /> In mitigation, the Board's investigation revealed that <br /> there was genuine confusion at the time of the vote as to whether <br /> an ethics issue was presented by this situation. While the <br /> conflict of interest appears obvious, one school board member <br /> erroneously, but with confidence, asserted that the nepotism <br /> provision was not applicable. In fact, the "nepotism" provision <br /> of the Code does contain a exception, created by amendment, for <br /> the employment of school board members' immediate family members <br /> as classroom school teachers. This exception was not applicable <br /> here because Mr. Magee's promotion was not to a classroom teaching <br /> position, and because that exception does not impact on the <br /> "participation" prohibition contained in Section 1112. Finally, <br /> the Board notes that a more recent vote of the School Board <br /> decisively affirms Mr. Magee's promotion. <br /> Taking the factors into consideration, combined with <br /> Mr. Magee's willingness to resolve this matter voluntarily on the <br /> basis of this consent opinion, the Board imposes no penalty <br /> against Mr. Young for this violation of the Code. Any future <br /> violations of the Code involving the Bogalusa City School Board in <br /> <r <br />
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