| Advisory Opinion request from Tammy Lamy, an elected member of the St. Tammany Parish School Board, regarding her providing tutoring services to students in St. Tammany Parish. |
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Tammy Lamy is an elected member of the St. Tammany Parish School Board. Her current term ends on December 31, 2026.
Ms. Lamy is interested in providing tutoring services to students in St. Tammany Parish through an outside company, Scoot Education, that also contracts with the St. Tammany Parish School Board to provide intensive tutoring services.
Alternatively, Ms. Lamy asks whether she can be rehired as a certified teacher in St. Tammany Parish School District in the event she resigns as a board member.
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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;
La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that 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. 42:1123(31): This Part shall not preclude:
(a) Any former city, parish, or other local public school board member who holds a valid Louisiana teaching certificate from being employed by his former school board for any classroom teacher position with such board which requires a valid Louisiana teaching certificate.
(b) Any former city, parish, or other local school board member who holds a valid ancillary certificate in school psychology issued by the state Department of Education from being employed by his former school board for any certified school psychologist position with such board which requires such certificate.
(c) These exceptions shall apply only in parishes with a population not in excess of thirty-six thousand people, as determined by the latest federal decennial census.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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