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Advisory opinion request from Murphy Pontiff, a St. Mary Parish School Board member, inquiring about post-employment restrictions. |
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Mr. Murphy Pontiff a St. Mary Parish School Board member has requested an advisory opinion regarding whether he would be prohibited by the Code of Governmental Ethics from returning to the classroom to teach vocational classes in the St. Mary Parish system. He has also asked if the answer would be different if he resigned from the St. Mary Parish School Board.
Mr. Pontiff seeks to teach in Franklin High School located in Franklin, Louisiana. He has found that Franklin High is composed of a majority of socially and economically deprived and underprivileged students. At this time there is no certified replacement for the vocational agriculture teacher, Mr. Pete Boudreaux who is suffering from Parkinsons. The State of Louisiana has a "critical shortage" of vocational agriculture teachers and has been unable to fill these positions for a number of years.
The State Department of Education is allowing retired teachers to return to the classroom when the position falls under the area of "critical shortage". Mr. Pontiff has also inquired whether the Ethics Board has any safeguards like a waiver that would prevent these students from being deprived of a vocational education which could provide them with meaningful employment.
Mr. Pontiff's fear is without a State certified instructor the vocational agriculture program with all of its Federal Funding will be lost forever. The other Vocational and Technical School in the area has already closed. St. Mary Parish population is 54,210.
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La. R.S. 42:1113A prohibits an elected official from entering into a contract or transaction with the officials agency.
La. R.S. 42:1121A(2) prohibits a former member of a board, for a period of two years following the termination of his public service on such a board, from contracting with, being employed in any capacity, or by being appointed to any position by that board.
La. R.S. 42:1123(31)(a) allows a former school board member who holds a valid Louisiana teaching certificate to be employed bu his former school board for any classroom teaching position with such board which requires a valid Louisiana teaching certificate if the Parish has a population of less than 36,000 people.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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