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• • <br /> STATE OF LOUISIANA <br /> DEPARTMENT OF STATE CIVIL SERVICE <br /> "4::g L�U�sI�. <br /> ` '�'= LOUISIANA BOARD OF ETHICS <br /> y pIN� '�• P.O.BOX 4368 <br /> l� * BATON ROUGE,LA 70821 <br /> ' . ,f,, (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> January 23, 2015 <br /> Spencer Ross <br /> 412 F Ansley Blvd. <br /> Alexandria,Louisiana 71303 <br /> Re: Ethics Board Docket No.2014-1428 <br /> Dear Mr. Ross: <br /> The Louisiana Board of Ethics,at its January 16,2014 Board meeting, considered your request for <br /> an advisory opinion regarding whether you and Kedric Smith may volunteer your time as assistant <br /> coaches at Peabody Magnet High School(PMHS). You stated that Charles Smith,your immediate <br /> family member,is the athletic director and head basketball coach at Peabody Magnet Highschool. <br /> Kedric Smith is the son of Charles Smith. You are a son-in-law to Charles Smith. <br /> Charles Smith became the head basketball coach at PMHS in 1985.He has served as athletic director <br /> for the school since 1998.His responsibilities as athletic director include facilitating transportation <br /> to and from games, delivering information and forms from the LHSAA and the Rapides Parish <br /> School Board to head coaches of each sport, and ensuring each head coach follows the financial <br /> procedures with regard to purchasing. You stated that there are eighteen (18) coaches under his <br /> direction. <br /> The Board concluded and instructed me to inform you that the Code of Governmental Ethics(Code <br /> of Ethics)would not prohibit you or Kedric Smith from volunteering your time as assistant coaches <br /> at PMHS.La.R.S.42:1119A states that no member of the immediate family of an agency head shall <br /> be employed by his agency.An agency head is defined in La.R.S. 42:1102(3)as an administrative <br /> officer of an agency who exercises supervision over the agency. Charles Smith is an agency head of <br /> the athletic department at PMHS by virtue of the supervision he exercises through his position as <br /> athletic director. La. R.S. 42:1123(30)provides that this Part shall not preclude a public servant or <br /> member of his immediate family from donating services,movable property,or funds to his agency. <br /> Volunteering time as assistant coaches under the direction of an immediate family member is <br /> considered a donation of services. This is an exception to the prohibition in La. R.S. 42:1119A. <br /> Further, the Board concluded and instructed me to inform you that the Code of Ethics would not <br /> prohibit you or Kedric Smith from being assigned and continuing your employment as assistant head <br /> basketball coaches under Charles Smith in 2015 school year. La. R.S. 42:1119E provides that <br /> nothing in this Section shall prohibit the employment by a school board of an immediate family <br /> member of an athletic director of a school as a coach at such school. You and Kedric Smith would <br /> not be prohibited from being employed within the athletic department by this specific exception. <br /> However, La. R.S. 42:1112B(1) prohibits a public servant from participating in a transaction <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />