| A Request for an Advisory Opinion submitted by Dequindra Ligon, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit her from opening a private driving school in New Iberia, Louisiana while she is the Assistant Principal at Breaux Bridge High School in St. Martin Parish. |
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Ms. Ligon is the Assistant Principal at Breaux Bridge High School in St. Martin Parish. She is considering opening a private driving school in New Iberia, Louisiana, where she resides. It is possible that students from her school, Breaux Bridge High School, other schools in St. Martin Parish, and the surrounding areas may enroll and attend her driving school. St. Martin, St. Mary, and Iberia Parish School Boards do not sponsor a drivers' education program. Ms. Ligon's duties as Assistant Principal include:
1. Serving as an instructional leader and supervisor of custodial staff;
2. Monitoring/supervising the implementation of professional development in the classrooms/meetings in accordance to the school improvement plan and the St. Martin Parish School Board;
3. Working with the Principal to plan professional development;
4. Assigning and directing work, interviewing, evaluating performance, administering discipline, and resolving issues amongst teacher/ staff; and,
5. Addressing building management concerns by working closely with the custodial staff by implementing school-wide safety and emergency protocols.
Ms. Ligon does not teach any classes and has no intention of doing so in the future.
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La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1116 provides that no public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, or other person with anything of economic value.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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