| Advisory opinion request regarding whether Celeste Voinche, who is employed by the Avoyelles Parish School Board as a Principal, may be promoted to the position of Supervisor of Elementary Instruction while her brother, Blaine Dauzat, is employed as the Superintendent. |
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Celeste Voinche is currently employed by the Avoyelles Parish School Board (School Board) as the Principal for the Louisiana School for the Agricultural Sciences. She interested in being promoted to Supervisor of Elementary Instruction, which is one level above her current position.
The position of Supervisor of Elementary Instruction requires possession of a valid Type A teaching certificate, a Master's Degree, and five (5) years of successful professional experience. Ms. Voinche has a Master's Degree from the University of Louisiana at Monroe with additional graduate level coursework for certification in Gifted Education, Education Leadership, and Supervisor of Child Welfare and Attendance. Additionally, she holds a valid Type A Teaching Certificate with the certification of Educational Leader - Level 2. Ms. Voinche was previously employed as a teacher in the parishes Ouachita and Rapides for eleven years, as the coordinator of the Avoyelles Parish Alternative School for three years, and in various principal positions with the School Board for the last eleven years. Based on the job description and documentation that she provided, her education, professional certifications, and work experience meet the qualifications for the position.
According to the organizational chart, the Supervisor of Elementary Instruction reports directly to the Superintendent. However, Thelma Prater, the Assistant Superintendent, will accept the applications, conduct the interviews with a committee, and make the decision regarding who will be hired as the Supervisor of Elementary Instruction.
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In Docket No. 2014-1529, the Board rendered an opinion that the Code of Governmental Ethics would not prohibit Ms. Voinche from receiving normal promotional advancements following the promotion of her brother, Blaine Dauzat, to the position of Superintendent on March 2, 2015.
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La. R.S. 42:1119A prohibits a member of the immediate family of an agency head from being employed in his agency.
La. R.S. 42:1119C(2) provides that the provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such public employee where a member of public employees' immediate family becomes the agency head of such public employee's agency, provided that such public employee has been employed in the agency for a period of at least one year prior to the member of the public employee's immediate family becoming the agency head.
La. R.S. 42:1119B(2)(a)(iii) provides that within thirty days after the beginning of each school year, any school board member or superintendent whose immediate family member is employed by the school board shall file a disclosure statement with the Board of Ethics stating the facts of such employment. Any person who fails to timely file a disclosure statement under this Item may be assessed a late fee of fifty dollars per day, not to exceed one thousand five hundred dollars, subject to the provisions of R.S. 42:1157.
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.
La. R.S. 42:1112C provides that every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification are set forth in Chapter 14 of the Administrative Rules for the Board of Ethics.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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