| Advisory opinion request by Spencer Ross and Kedric Smith regarding whether they may volunteer as assistant coaches at Peabody Magnet High School (PMHS) when they are immediate family members to the athletic director, Charles Smith. |
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Charles Smith is the athletic director and head basketball coach at Peabody Magnet High School. Kedric Smith is the son of Charles Smith. Spencer Ross is the son-in-law of Charles Smith.
Charles Smith became the head basketball coach at PMHS in 1985. He has served as athletic director for the school since 1998. His responsibilities as athletic director include facilitating transportation to and from games, delivering information and forms from the LHSAA and the Rapides Parish School Board to head coaches of each sport, and ensuring each head coach follows the financial procedures with regard to purchasing. There are eighteen (18) coaches under his direction.
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This request in based on docket 2014-972. That opinion did not include the exception set forth in 1119E allowing for the employment of an immediate family of the athletic director as coach at the same school.
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La. R.S. 42:1102(3) defines as an administrative officer of an agency who exercises supervision over the agency.
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed by his agency.
La. R.S. 42:1119E provides that nothing in this Section shall prohibit the employment by a school board of an immediate family member of an athletic director of a school as a coach at such school.
La. R.S. 42:1123(30) provides that this Part shall not preclude a public servant or member of his immediate family from donating services, movable property, or funds to his agency.
La. R.S. 42:1112B(1) prohibits a public servant from participating in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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