Advisory opinion submitted on behalf of The St. Tammany Charter Foundation (Foundation) regarding whether the Code of Governmental Ethics (Code) prohibits the Foundation from appointing its founding Director and President, Dr. Melissa Meyer/Howe, as the Principal of the Charter School. |
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Dr. Melissa Meyer/Howe currently serves as Director and President of the Foundation. The Foundation is a nonprofit corporation registered in the State of Louisiana. The Foundation submitted a Type 2 charter application to Board of Elementary and Secondary Education (BESE) for the Northshore Classical Academy. The BESE board will hear the Foundation's application on August 20-21, 2024. The Foundation does not have a charter at this time.
Dr. Melissa Meyer/Howe is currently the Principal of Northlake Christian School. The Foundation would like to hire Dr. Melissa Meyer/Howe as Principal of the new Charter School if BESE awards the charter to the Foundation. The Foundation and Dr. Melissa Meyer/Howe intend to reach an agreement on employment prior to August 20-21, 2024. Dr. Melissa Meyer/Howe is aware that she may not be on the Foundation's charter board and employed as principal at the same time.
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La. R.S. 17:3996(B)(20) provides that all officers and employees of charter schools are subject to the Code.
La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding or entering into or having a substantial economic interest in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1121(A)(2): No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official.
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Adopt Draft Advisory Opinion.
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Assigned Attorney: |
Suzanne Mooney |
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