Meetings
 
Agenda Item
Docket No. 22-885
 
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RE:
Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit the children of Jamie Marlbrough, a newly elected member of the Lafourche Parish School Board, from continuing their employment with the school board.
Facts:
On November 8, 2022, Jamie Marlbrough was elected to the office of school board member of the Lafourche Parish School Board. JuliAnne David is the daughter of Ms. Marlbrough. She has been employed with the Lafourche Parish School Board since August 2020 as an uncertified teacher. Jacob David is her son. He has been employed since 2022 as the defensive back coach for the CLHS football team.
Law:
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. 42:1112B(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. 42:1119B(2)(a)(i) permits the school board to employ an immediate family member of a school board member and the superintendent, provided the family member is certified to teach and teaching in a classroom.

La. R.S. 42:1119B(2)(a)(iii) 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. 42:1119C(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 employee's 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. 42:1120 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.


Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2022-885- Advisory Opinion Request - Jamie Marlbrough
2022-885 - Advisory Opinion Draft - Marlbrough