Meetings
 
Agenda Item
Docket No. 13-309
 
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RE:
Advisory opinion regarding whether a former member of the Iberia Parish School Board, Paul Distefano, may apply for a promotion with the School District where he was previously permitted to accept a teaching position with the School System.
Facts:
Mr. Distefano would like to know whether he may seek other positions, within the school system, within the two year prohibition period provided by Section 1121, where a certified teaching certificate is required such as parish athletic director or must he wait until the end of the two year prohibition period to seek other positions.
Comments:
In January 2012, in Docket No. 2012-011, the Board issued an advisory opinion to Mr Distefano allowing him to accept a teaching position with the School District if he resigned as a member of the School Board. Section 1123(31)(a) of the Code allows a former school board member who holds a valid Louisiana teaching certificate to be employed by his former school board for any classroom teacher position with such board which requires a valid Louisiana teaching certificate. Section 1123(31)(c) The exception only applies in parishes with a population not in excess of thirty-six thousand people, as determined by the latest federal decennial census.
Law:
Section 1121A (2) of the Code prohibits a public servant, for a period of two years following termination of his public service with the agency, from contracting with, being employed by, or appointed to any position by the board or commission.

Section 1123(31)(a) of the Code allows a former school board member who holds a valid Louisiana teaching certificate to be employed by his former school board for any classroom teacher position with such board which requires a valid Louisiana teaching certificate. Section 1123(31)(c) The exception only applies in parishes with a population not in excess of thirty-six thousand people, as determined by the latest federal decennial census.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Aneatra Boykin
 
 
ATTACHMENTS:
Description:
2013-309 (1123(31)).docx
2013-309- Advisory Opinion Request