| Advisory Opinion Request from Benjamin Franklin High School as to whether assistant coaches may receive compensation for coaching students in private leagues during out of season periods. |
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Benjamin Franklin High School (the "School") employs several assistant volleyball coaches (the "Assistant Coaches") during the volleyball season. The Assistant Coaches are part-time employees. The Assistant Coaches are not considered employees during the summer or during portions of the school year in which volleyball season is not ongoing (collectively, the "Out of Season Period").
The Assistant Coaches also are employed by a private volleyball club (the "Club"). Nine students of the School play for the Club during the Out of Season Period.
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This advisory opinion is consistent with three decades of opinions rendered in other matters, including one issued to the School previously. See Docket Nos. 2021-710, 2021-063, 2019-681, 2019-1012, 2018-1477, 2018-209, 2018-131, 2017-1135, and 1983-59.
2021-710: LDH employee can provide services similar to work at LDH to extent services not provided to persons receiving services at LDH
2021-063: High school administrator can serve as teacher at driving school academy because employee is not engaged in similar work at the high school
2019-1012: High school guidance counselor permitted to provide job readiness training to students from other high schools, but not any students that they counsel at their own school
2018-1477: High school teacher permitted to provide driving instruction to students from other high schools, but not any students that they teach at their own agency
2018-209: High school teacher permitted to provide tutoring services to students from their own school, but only if they are not their own students
2018-131: Elementary school PE teacher permitted to provide archery lessons to students from their own school, but only if they are not their own students
2017-1135: Ben Franklin High School teacher permitted to provide tutoring services to students from their own school, but only if they are not their own students
1983-59(2): School music teacher permitted to provide tutoring services to students from their own school, but only if they are not their own students
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(18)(c) provides that a public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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