| Advisory Opinion request regarding the employment of a retired certified teacher of St. Tammany Parish School Board while her sister serves as a School Board member. |
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Elizabeth Heintz serves on the St. Tammany Parish School Board. Her sister, Margaret B. O'Connell, is a retired certified teacher in St. Tammany Parish and has taught in the school system for over 30 years. Ms. O'Connell served as a classroom teacher until she retired in June of 2020. Ms. O'Connell now wishes to serve as a substitute teacher in the school system, specifically at Covington High School, while her sister, Ms. Heintz, serves on the School Board.
Ms. Heintz began serving as a Board member on the St. Tammany Parish School Board on January 1, 1999. Her sister, Ms. O'Connell, was first employed as a teacher with the School Board on August 21, 1989. Ms. O'Connell served as a teacher for over 30 years at Covington High School.
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La. R.S. 42:1119A provides that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119C(2) provides that provisions of this Section shall not prohibit the continued employment of any public employee nor shall it be construed to hinder, alter, or in any way affect normal promotional advancements for such 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. 42:1119C(5) provides that the provisions of this Section shall not be construed to prohibit the reemployment of a retiree whose employment was allowed under the provisions of this Section on the date of his retirement. Any such reemployment shall be in compliance with all other applicable laws.
La. R.S. 42:1119B(2)(a)(iii) provides that by September fifteenth of each school year, any school board member or superintendent whose immediate family member is employed by the school board shall file a disclosure statement with the Board of Ethics stating the facts of such employment. Any person who fails to timely file a disclosure statement under this Item may be assessed a late fee of fifty dollars per day, not to exceed one thousand five hundred dollars, subject to the provisions of R.S. 42:1157.
La. R.S. 42:1112B(1) provides that No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:(1) Any member of his immediate family.
La. R.S. 42:1120 provides that if any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Mallory Guillot |
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