| Advisory opinion request as to whether the Code of Governmental Ethics ("Code") permits immediate family members of Dr. Jason VanMetre to be promoted, and for the approval of disqualification plans with respect to certain immediate family members. |
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The Calcasieu Parish School Board ("CPSB") hired Dr. Jason VanMetre as Superintendent of the school system, effective July 15, 2024. Dr VanMetre's spouse, Amanda VanMetre, is currently employed as Assistant Principal of Sulphur High School. Her first employment by the Calcasieu Parish school system was August 11, 2006, and she has been employed by the Calcasieu Parish School Board for more than one year prior to July 15, 2024.
Julie McCardle, presently employed as a teacher at Sulphur High School, is the sister of Superintendent VanMetre. She was first employed by the Calcasieu Parish School Board on August 16, 2001, as a teacher and has been employed by the Calcasieu Parish School Board for more than one year prior to July 15, 2024.
Tony McCardle, Julie McCardle's husband, is the brother-in-law of Superintendent VanMetre. Mr. McCardle has been employed as the Calcasieu Parish School Board's Director of Career and Technical Education for more than one year prior to July 15, 2024.
The issue is whether the three immediate family members of Superintendent VanMetre listed above are eligible for normal promotional advancement to positions that would usually report directly to the Superintendent, assuming they meet eligibility requirements for these positions. Specifically, can any of the Superintendent's immediate family members be appointed to either the position of Chief Academic Officer or Chief Operating Officer. The individuals who fill the two forgoing positions normally report directly to the Superintendent, as do other higher-level employees of the School Board, such as the Chief Financial Officer, Public Information Officer, and Internal Auditor.
A disqualification plan outlining that Superintendent VanMetre shall disqualify himself from participating in a transaction involving the school system when a violation of the Code would result has been submitted.
Issues with respect to the employment of Ms.VanMetre, which cannot be resolved by the school principal, will be handled by the Administrative Director of High Schools. Final decision-making regarding employment issues will be the responsibility of the Chief Operating Officer. With respect to academic issues, final decisions will be the responsibility of the Chief Academic Officer.
Superintendent VanMetre will have no responsibility for employment-related decisions concerning his spouse Amanda VanMetre. Employment issues with repsect to the employment of Ms. McCardle are the responsibility of the Administrative Director of High Schools. Final determination of employment-related decisions with respect to Ms. McCardle is the responsibility of the Chief Operating Officer and with respect to academic issues the Chief Academic Officer. Superintendent VanMetre will have no responsibility for employment-related decisions concerning his sister Julie McCardie. Mr. McCardle is presently supervised by the Administrative Director of High Schools, who will continue to make employment-related decisions regarding him. The Chief Academic Officer will be responsible for making final decisions concerning his employment. Superintendent VanMetre will have no responsibility for employment-related decisions concerning his brother-in-law, Tony McCardle.
If members of the superintendent's immediate family may properly be appointed to the Chief Academic Officer and Chief Operating Officer positions, the person holding the other of those two positions would be tasked with responsibility for decisions that the Superintendent would be prohibited from making. The School Board's involvement in the issue would probably be with respect to salary, as the Board is responsible for adopting a salary schedule.
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La. R.S. 42:1119A. No member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119C(1). Any person serving in public employment on the effective date of this Section, whose employment is in violation of this Section, may continue in such employment and the provisions of this Section shall not be construed to hinder, alter, or in any way affect normal promotional advancements in public employment for such employee.
La. R.S. 42:1119C(2). 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 employees' 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. 42:1112B. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest:
(1) Any member of his immediate family.
La. R.S. 42:1112C. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of this Part would result. The procedures for such disqualification shall be established by regulations issued pursuant to R.S. 42:1134(A)(1).
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Adopt the proposed Advisory Opinion and approve the Disqualification Plan.
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| Assigned Attorney: |
Mallory Guillot |
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