| Advisory Opinion request from Michael R.D. Adams on behalf of University View Academy Charter School regarding the hiring of Dept. of Education Chief of Staff Dr. Quentina Timoll as Superintendent. |
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University View Academy ("UVA") is an online K-12 Type 2 Charter School located in Baton Rouge. UVA has been granted a Type 2 Charter from the Louisiana Board of Elementary and Secondary Education ("BESE"). Pursuant to LAC 28:CXXXIX.303(A)(5), BESE has the authority to direct the Louisiana Department of Education ("LDOE") in providing administrative and programmatic support and oversight; monitoring compliance; measuring progress; and implementing interventions, when necessary, with respect to Type 2 charter schools.
UVA is currently seeking applicants for the position of Superintendent. One such applicant is Dr. Quentina Timoll. Dr. Timoll is currently employed by LDOE as Chief of Staff. In such role, Dr. Timoll serves as the overseeing administrator for all operational programs and initiatives within the LDOE. Dr. Timoll is appointed by and serves at the pleasure of the LDOE Superintendent. Each office within the LDOE is under the immediate supervision and direction of Dr. Timoll as Chief of Staff.
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La. R.S. 42:1121A: No former agency head shall, for a period of two years following the termination of her public service as the head of such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121C: No legal entity in which a former public servant is an employee shall, for a period of two years following the termination of her public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during her public service and involving the agency by which she was formerly employed.
La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in one of the twenty principal departments of the executive branch of state government to be the office in which such public servant carries out her primary responsibilities.
La. R.S. 42:1102(3) defines "agency head" as the chief executive of administrative officer of an agency who exercises supervision over the agency.
La. R.S. 42:1102(2)(16) defines "person" to mean an individual or legal entity, other than a governmental entity, or an agency thereof.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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