| Advisory Opinion request regarding whether the spouse of a candidate for Beauregard Parish School Board would be permitted to continue employment with the School Board if the candidate is elected to the school board. |
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Ms. Jennifer Sandifer is currently employed with the School Board as a Substitute for Singer High
School in the areas of Aide, Clerical, Teacher, Bus Driver, Custodian and Food
Service. She has been employed as a substitute in these positions since 2015,
with no lapse in employment. She is currently in a long-term substitute
position at Singer High School. Ms. Sandifer has recently applied for the
Secretary/Clerk position at Singer High School. Her husband is currently a
candidate in the election for School Board member. The Secretary/Clerk position
at Singer High School will be filled prior to the election. Ms. Sandifer asks whether her position as Secretary/Clerk, if hired, would be secure in the event that her husband is elected to the School Board.
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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.42:1102 (13) defines "immediate
family" as the term relates to a public servant as 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. 42:1119C(2) provides that the
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. 42:1119B(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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