Meetings
 
Agenda Item
Docket No. 22-592
 
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RE:
A Request for an Advisory Opinion, submitted by Natalie Aguillard (Director of Human Capital with Pointe Coupee Parish School Board), regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit Morgan Aguillard from continuing her employment as a teacher while her mother is the Director of Human Capital.
Facts:
The PCPSB is facing a critical shortage of certified teachers. Most new hires for the 2022-2023 school year are individuals who hold bachelor's degrees outside the field of education. Morgan Aguillard, daughter of Natalie Aguillard, Director of Human Capital, and niece of Chad Aguillard, Pointe Coupee Parish School Board ("PCPSB") member, is presently employed as a 5th grade social studies teacher at Rosenwald Elementary. Morgan is a May 2022 graduate of Louisiana State University with a major in history and philosophy. Morgan has met the qualifications for an initial Temporary Authority to Teach, for which she has applied. The position Morgan currently fills was advertised for beginning March 25, 2022. There were no certified teacher applicants for that position. Other uncertified teacher applicants were used to fill other teaching vacancies in the district, as well as at Rosenwald Elementary. Morgan did not begin working until August 5, 2022. The first day for teachers was August 4, 2022. Natalie Augillard did not interview Morgan for this position. The principal of Rosenwald submitted Morgan's request to hire.

As Director of Human Capital, Natalie Aguillard is responsible for handling personnel matters including but not limited to: disciplinary action at a certain level, certification, mandatory trainings, inputting employees into Compass, posting vacancies, arranging and conducting interviews for district-level positions, not for schools. Concerning discipline, Natalie Aguillard conducts the investigation, if necessary, or reviews the information provided by the principal. The evidence is then presented to the superintendent, who makes the final decision.

For teacher positions, principals arrange and conduct their own interviews based on applications in our online portal to which principals have access. The principal contacts any applicant he/she is interested in interviewing. After interviewing the applicant, if the principal wishes to hire that individual, the principal sends Natalie Aguillard an intent to hire form, which is forwarded to the Superintendent for approval. Once approved by the superintendent, Natalie Aguillard will contact the principal, who will then contact the applicant. The Office for the Director of Human Capital or the principal provide the applicant the criminal background check packet that must be completed before moving forward with onboarding paperwork. Once the office receives a cleared background check on the individual, the HR clerk will contact the applicant to come in and complete the onboarding process, which the HR clerk handles.

Law:
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.

La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.

La. R.S. 42:1112(B)(1) states that no public servant 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.

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.

La. R.S. 42:1119(A) states that no member of the immediate family of an agency head shall be employed in his agency.

La. R.S. 42:1119(B) provides no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: LaToya D. Jordan
 
 
ATTACHMENTS:
Description:
2022-592 - AO
2022-592 - Advisory Opinion Draft - Aguillard (2)