Meetings
 
Agenda Item
Docket No. 14-321
 
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RE:
Advisory opinion request regarding how the Ethics Code would effect Simon Mahan if he were elected to the Lafayette Parish School Board (LPSB).
Facts:
Simon Mahan is interested in running for the Lafayette Parish School Board. He is employed by the Southern Alliance for Clean Energy. His wife, Danielle Mahan, is a certified teacher at John Paul the Great Academy in Lafayette, a private school.

Law:
Section 1113A(1)(a) prohibits a public servant or immediate family member from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant. Section 1119B(2)(a)(i) any local school board may employ any member of the immediate family of any board member as a classroom teacher provided that such family member is certified to teach.

Section 1112B(1) and (2) No public servant 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: 1) Any member of his immediate family 2) Any person in which he has a substantial economic interest of which he may reasonably be expected to know.

Section 1120 If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.



La. R.S. 42:1119 provides for an exception to the nepotism restriction which allows certified classroom teachers to be employed in a school system if a member of their immediate family is on the school board, or superintendent of the school system.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Brett Robinson
 
 
ATTACHMENTS:
Description:
2014-321 draft opinion
2014-321: Advisory Opinion Request
2014-321- Microsoft Outlook - Memo Style (2)