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Draft advisory opinion with respect to the application of the Code of Governmental Ethics as to charter schools and employees of for-profit companies that work at traditional public schools. |
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Senate Concurrent Resolution No. 20 was adopted during the 2015 Regular Legislative Session. SCR 20 provides that "employees at . . . public charter schools are being informed by their private employer that they are not public employees and not subject to the provisions of the Code of Governmental Ethics." Also, it provides that "traditional public schools also enter into contracts with private for-profit companies for employees to work in public schools, and these contract employees are also being told that they are not public employees."
Further, SCR 20 provides that the "Legislature of Louisiana does hereby urge and request the Louisiana Board of Ethics to issue an advisory opinion on the question of whether person work at a public school, even if employed by a private company, are "public employees" as defined in the Louisiana Code of Governmental Ethics."
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La. R.S. 42:1102(18)(a)(iii) provides that a "public employee" means anyone "engaged in the performance of a governmental function."
On June 15, 2000, the Board rendered the first opinion that a charter school is a public agency, and its officers and employee were subject to the Code of Governmental Ethics. Ethics Board Docket No. 2000-417. Since that time, advisory opinions and consent opinions rendered by the Board have consistently concluded that officers and employees of charter schools are subject to the Code of Governmental Ethics.
Furthermore, such pronouncement was codified by Acts 2009, No. 381 of the 2003 Regular Legislative Session. La. R.S. 17:3996A was amended and provides that "a charter school established and operated in accordance with the provisions of this Chapter and its approved charter and the school's officers and employees shall be exempt from all rules and regulations of the state board and those of any local school board that are applicable to public schools and too public school officers and employees except for the following and regulations otherwise applicable to public schools regarding: . . . (20) Code of Governmental Ethics, R.S. 42:1101 et seq., with the exception of R.S. 42:1119 as it applies to any person employed by a charter school prior to August 15, 2003."
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathleen Allen |
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