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Request for an advisory opinion regarding whether Mr. Kyle Machen may be selected by the Bossier Parish School District as principal while his father, Mr. D.C. Machen, is superintendent of the School District. |
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It is probable that there will be at least one, perhaps more, opening(s) for a principal position within Bossier Parish. Mr. Kyle Machen is currently an assistant principal in the district, and may apply for a principal decision. Mr. Machen has worked as an assistant principal at Benton High School since June 5, 2008, after initially being hired as a teacher on January 4, 2001. Kyle Machen is the son of Superintendent D.C. Machen who was appointed Superintendent on July 1, 2009.
Based upon historical promotion practices within the parish, prior opinions of the Ethics Board, and the fact that Kyle Machen worked approximately seven years before being promoted to assistant principal, and he completing his fifth year as an assistant principal, the School District is of the opinion that Kyle Machen's promotion from assistant principal to principal would be normal promotional advancement. At the same time, however, R.S. 42:1112(B)(1) is implicated. La. R.S. 17:81 and 17:443 were amended by Act 1 of 2012, effective July 1, 2012. Pursuant to the Act 1 amendments, the school board is removed from hiring and firing decisions. Such decisions are now assigned to the superintendent.
Under the prior law, the superintendent recommended the person to fill a vacant position to the school board. If an immediate family member applied, the superintendent would have recused himself from participating in any decision(s) involving the candidates selected to be interviewed. Interviews, interview committees and the candidate recommendation would have been handled by the assistant superintendent. Furthermore, prior to Act 1, the superintendent would recuse himself from participating in any decisions concerning the immediate family member's employment and would have submitted a Disqualification Plan to the Ethics Board for its review and approval.
La. R.S. 42:1119 still creates an exception that allows for the employment of a superintendent or school board members' immediate family member as a classroom teacher and still allows for their normal promotional advancement. Such provisions were not amended by Act 1.
Any matters which Superintendent Machen would be responsible in which his son, Kyle, would have a substantial economic interest would be handled by the Board's Assistant Superintendent in accordance with the following Disqualification Plan: To avoid a potential violation of La. R.S. 42:1112, D.C. Machen will be disqualified from all supervisory duties and/or authority regarding the employment of his son. Accordingly, Assistant Superintendent, Scott Smith, will have all supervisory duties and/or authority as to matters affecting Kyle Machen's employment including observations, evaluations, salary, assignment and recommendations to the school board.
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Section 1119 of the Code of Ethics prohibits members of the immediate family of a member of a governing authority from being employed by the governmental entity.
Section 1119B(2)(a)(i) provides for the employment of the immediate family member of the superintendent of a school district as a classroom teacher provided the family member is certified to teach.
Further, Section 1119C(2) of the Code allows the continued employment and normal promotional advancement of an employee whose immediate family member becomes the agency head, provided the employee has been employed at least one year prior to the family member becoming the agency head.
Section 1112B(1) states that no public servant, except as provided by Section 1120, 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.
Section 1112C states that every public employee, excluding an appointed member of any board or commission, shall disqualify himselffrom participating in a transaction involving the governmental entity when a violation of this part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
Rule 1403 states that upon reciept of such written communication (i.e. a disqualification plan) from the public employee, the immediate supervisor of the public employee as well as the agency head (or appointing authority, if applicable), shall immediately, and prior to such participating by the public employee, provide the board, in writing, with a report concerning the impact on the efficicient operation of the governmental entity of the potential participation by the public employee and shall provide the board with reports as to alternative measures available to the public employee to prevent participation in the prohibited transaction.
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Adopt proposed advisory opinion and approve the proposed disqualification plan.
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| Assigned Attorney: |
Brent Durham |
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