|Request for Advisory Opinion from Madison Parish School Board regarding hiring a Principal at Madison Middle School whose wife is employed at the school as a counselor.
On May 12, 2022, Dr. Charlie Butler, on behalf of the Madison Parish School Board (the "School Board"), requested an Advisory Opinion. Dr. Butler expressed his intention to hire Dr. Perry Revels as Principal of Madison Middle. Dr. Perry Revel's wife, Dr. Rebecca Revels, has been employed at Madison Middle for 13 years as a counselor. The Madison Parish School Board proposes that Dr. Perry Revels will be disqualified from participating in any employment decisions concerning his wife, Dr. Rebecca Revels, including performance evaluations or any other transactions in which Dr. Rebecca Revels may have a substantial economic interest. Ms. Arlena Lewin, the Director of Academics for the Madison Parish School District, has been designated to handle all performance evaluations concerning Dr. Rebecca Revels.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to
mean, for public servants of political subdivisions, it shall mean the agency
in which the public servant serves, except that for members of any governing
authority and for the elected or appointed chief executive of a governmental
entity, it shall mean the governmental entity. Public servants of political
subdivisions shall include, but shall not be limited to, elected officials and
public employees of municipalities, parishes, and other political subdivisions;
sheriffs and their employees; district attorneys and their employees; coroners
and their employees; and clerks of court and their employees.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to include his spouse.
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119(C)(2) provides that the Code of Ethics shall not prohibit the continued employment of any public employee where a member of public employees' immediate family becomes the agency head of such 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. 42:1112(B)(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, his immediate family member has a substantial economic interest.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater
benefit to the public servant or other person than to a general class or group
of persons, except:
(a) The interest that the public servant has
in his position, office, rank, salary, per diem, or other matter arising solely
from his public employment or office.
(b) The interest that an elected official who
is elected to a house, body, or authority has in a position or office of such
house, body, or authority which is required to be filled by a member of such
house, body, or authority by law, legislative rule, or home rule charter.
(c) The interest that a person has as a
member of the general public.
La. R.S. 42:1112(C) allows a disqualification plan to be developed in accordance with rules adopted by the Board to remove a public servant from participating in transactions that would otherwise present violations of Section 1112 of the Code.
Accept the proposed Advisory Opinion and Disqualification Plan.