| Advisory opinion request regarding whether Faith Joseph can be transferred to the position of Principal of L.W. Higgins High School while her husband, Isaac Joseph, is employed by the Jefferson Parish School Board as Superintendent. |
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The qualifications for the position of School Principal include a Master's Degree with Louisiana Certification in Administration and Supervision (Principalship Certificate) and three years of teaching experience. Ms. Joseph has been employed with the Jefferson Parish School System (School System) for twenty-six years. She started as a teacher in 1989 and has served in various administrative positions since 2001, including as Principal of Henry Ford Middle School since 2007. Additionally, Ms. Joseph holds a Master of Education from the University of New Orleans and is certified as a Level 2 Education Leader.
The principals employed by the Jefferson Parish School Board (School Board) report directly to an Executive Director of Principal Performance, who, in turn, reports to the Chief Achievement and Accountability Officer (CAAO). The CAAO reports to the Superintendent. Mr. Joseph, who was appointed to the position of Superintendent on April 15, 2015, normally interviews and makes the final determination regarding the selection of all principals. In this case, the School Board will contract with three retired educators who have the experience and qualifications to interview the candidates for the position of Principal of Higgins High School and make a recommendation to the School Board. The School Board must approve the recommendation.
Finally, in accordance with La. R.S. 42:1112C, the School Board will submit a disqualification plan to ensure that Mr. Joseph does not participate in any transaction in which his wife has a substantial economic interest.
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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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