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Last modified
7/12/2021 10:24:47 AM
Creation date
5/1/2018 11:52:36 AM
Metadata
2018-131
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-131
Requesting Party
Perry Norcross
Decision Date
4/20/2018
Caption
Advisory opinion that a physical education teacher at Benton Elementary School would be prohibited by La. R.S. 42:1111C(1)(a) of the Code of Governmental Ethics from tutoring students who attend her school and are in her class. However, the Code would not prohibit her from tutoring student who are not in her class or students who attend schools other than the school where she teaches.
Ethics Subject Matters
Payment from Third Parties
Outside Employment
Prohibited Assistance
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STATE OF LOUISIANA <br /> ",E' DEPARTMENT OF STATE CIVIL SERVICE <br /> '�0'pF LOUj�'-. <br /> ,••.. „ 'ya LOUISIANA BOARD OF ETHICS <br /> n JGp Y 7 <br /> puy .����' : P.O. BOX 4368 <br /> csZ) * BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 30, 2018 <br /> Mr. Perry Norcross <br /> Benton Elementary School <br /> 562 La. 162 <br /> Benton, LA 71006 <br /> Re: Ethics Board Docket No. 2018-131 <br /> Dear Mr. Norcross: <br /> The Louisiana Board of Ethics,at its April 20,2018 meeting,considered your request for an advisory <br /> opinion relative to whether you as a physical education teacher at Benton Elementary School can <br /> tutor a student who attends the school. You stated that as physical education teacher your job is to <br /> teach physical education and health to grades Kindergarten through Fifth Grade. During the course <br /> of your teaching you teach archery in a classroom setting for four weeks to Fourth and Fifth Graders, <br /> however there is no utilization of the bow and arrows. You further provided that you maintain a <br /> personal business known as Norcross Archery in which you tutor and teach archery after school <br /> hours, on weekends and during the summer. You stated that schools other than the one you work <br /> in have inquired as to whether you would teach an archery camp at their school. Participation in the <br /> camp would cost between$25 and$35. You stated that you would not accept payment to put on the <br /> camp, but all proceeds would go the respective schools' archery programs. You were interested in <br /> knowing whether it would be an ethical violation for you to tutor students who attend your school. <br /> The Board concluded and instructed me to inform you that the Code of Governmental Ethics would <br /> prohibit you as a physical education teacher from tutoring students who attend your school and are <br /> in your class. However, the Code of Governmental Ethics would not prohibit you from tutoring <br /> students who are not in your class or students who attend schools other than the school where you <br /> teach. La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic <br /> value for any service, the subject matter of which is devoted substantially to the responsibilities, <br /> programs, or operations of the agency of the public servant and in which the public servant has <br /> participated. <br /> Thus, a teacher cannot perform any services for compensation for his or her students. However, in <br /> the case of students not in your class or attending a school other than the teacher's school, a teacher <br /> is not involved in the teaching of these students,nor do students outside of the teacher's class appear <br /> to generally have interests which may be substantially affected by the performance or <br /> nonperformance of that teacher's official duties. Therefore, you may tutor, for a fee, students who <br /> do not attend your school, as well as students who attend your school but are not being taught by <br /> you. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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