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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 />