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Advisory opinion regarding whether John Watson may be promoted from Assistant Superintendent of the Livingston Parish School Board to Superintendent while his brother, James Watson, serves as a member of the Livingston Parish School Board. |
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John Watson was initially hired in 1983 as a high school teacher for the Livingston Parish School Board. John Watson was promoted to assistant principal of Live Oak High School in 1994, then became the assistant principal of Westside Junior High in 1995. Mr. Watson was then promoted to principal of Levi Milton Elementary in 1997, and then became the principal of Walker High School in 2002. In 2004, John Watson was promoted to Supervisor of Instruction for the School Board and became the Supervisor of Human Resources for the School Board in 2005. In 2007, he was promoted to the position of Assistant Superintendent.
Mr. Watson's brother, James Watson, was a member of the School Board for approximately 20 years. After a four year absence, he was re- elected to the School Board in January 2007.
John Watson stated that the present Superintendent is retiring in February 2013 and it is believed that the school board will beginning the process of hiring a new Superintendent in October or November 2012.
John Watson is interested in applying for the Superintendent position. Mr. Watson states he is fully certified for the position pursuant to the requirements set forth in Bulletin 741 of the Department of Education. Mr. Watson states that o school board policies have been changed to facilitate this promotion. It is anticipated that there will be several applicants for this position.
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The Board issued an opinion in BD No. 2008-385 advising that John Watson is not prohibited from being promoted to Superintendent while his brother serves as a member of the school board.
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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.
La. R.S. 42:1119C(2) provides a limited exception to the general nepotism prohibition and allows the continued employment and normal promotional advancement of a public employee when a member of the public employee's immediate family becomes the agency head of the 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. 42:1112B(1) states that no public servant shall participate 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. 42:1120 provides that any elected official, who is required to vote on a matter in violation of Section 1112 of the Code, must recuse himself from voting. The elected official is not prohibited from participating in discussion and debate concerning the matter provided that he verbally discloses the nature of the conflict or potential conflict during his participation in the discussion or debate prior to any vote being taken.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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