| Advisory Opinion request from Kathy Riedlinger, CEO of Lusher Charter School in New Orleans. |
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Lusher Charter School ("School") is operated by the Advocates for Arts Based Education, Inc. ("AABE") through a charter granted by the Orleans Parish School Board. The School is governed by the AABE Board of Directors. Kathy Riedlinger serves as the Chief Executive Officer. She asks whether the School can employ Erica Cortizas in a non-teaching position, while her husband, Richard Cortizas, serves as a member of the AABE Board of Directors. Ms. Cortizas is not a certified teacher.
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La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1119B(2)(a)(i) permits the school board to employ an immediate family member of a school board member, provided the family member is certified to teach and teaching in a classroom.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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