| Advisory Opinion and request for approval of a Disqualification Plan regarding the employment of Tara Carter as a certified teacher while her husband, William Carter, serves as the Superintendent of the Jackson Parish School System. |
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William Carter has been employed by Jackson Parish School Board as Superintendent since July 1, 2025. His wife, Tara Carter, is a certified teacher and teaches Pre-K at Quitman High School. She has been employed by the district for the past 11 years. The school year began on August 20, 2025 and Mr. Carter filed his disclosure statement on September 12, 2025 and has submitted the following disqualification plan:
- Tara Carter will be directly supervised and evaluated by the school principal, Mr. Cavin. He will conduct all formal evaluations, observations, and address any necessary disciplinary actions.
- Should any disciplinary issues arise that require action beyond the principal's authority, the matter will be referred to the Human Resources Director, Dr. Robin Potts.
- As Superintendent, I will have no role in the evaluation, supervision, or disciplinary process involving Tara Carter.
- Tara Carter will remain in her teaching position and is not eligible for advancement into any administrative or supervisory role within the district.
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La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, 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(19) defines "public servant" means a public employee or an elected official.
La. R.S. 42:1102(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1119A states that no member of the immediate family of an agency head shall be employed in his agency.
La. R.S. 42:1119B(2)(a)(i) permits the school board to employ an immediate family member of a school board member, provided the family member is certified to teach and teaching in a classroom.
La. R.S. 42:1119B(2)(a)(iii) requires that within thirty days after the beginning of each school year, any school board member or superintendent whose immediate family member is employed by the school board shall file a disclosure statement with the Board of Ethics stating the facts of such employment. Any person who fails to timely file a disclosure statement may be assessed a late fee of fifty dollars per day, not to exceed $1,500.
La. R.S. 42:1119C(2) provides that 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 employee's 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. 42:1119B(2)(a)(i) provides that any local school board may employ any member of the immediate family of any board member or of the superintendent as a classroom teacher provided that such family member is certified to teach or is temporarily authorized to teach while pursuing certification. Any local school board in a parish having a population of fewer than sixty thousand according to the latest federal decennial census may employ any member of the immediate family of any board member or of the superintendent as a special education related services professional provided that such family member is licensed in an appropriate field for special education related services and such family member is the only applicant who meets the qualifications for the position set by the school board who has applied for the position after it has been advertised for at least thirty days in the official journal of the school board. A special education related services professional shall include the following when employed to provide special education services: a social worker, occupational therapist, physical therapist, speech therapist/pathologist, teacher of students who are deaf or hard of hearing, teacher of visually impaired students, or nurse. Any school board member or superintendent whose immediate family member is employed by the school board shall recuse himself from any decision involving the promotion or assignment of teaching or service location of such employee.
La. R.S. 42:1119B(2)(a)(v) provides that An immediate family member of a member of a local school board or of a superintendent who has been employed pursuant to Item (i) of this Subparagraph for at least one year may be promoted to an administrative position by such school board provided that such family member has the appropriate qualifications and certifications for such position. A school board member whose immediate family member is to be promoted to an administrative position pursuant to this Item shall recuse himself from any action involving the promotion or assignment of job location of such employee, and a superintendent whose immediate family member is to be promoted to an administrative position shall disqualify himself from any action involving the promotion or assignment of job location of such employee. For purposes of this Item, the term "certifications" shall not include any temporary or provisional certification or certifications.
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Adopt proposed advisory opinion and approve disqualification plan with caveat that Ms. Carter is entitled to normal promotional advancements.
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| Assigned Attorney: |
Kathryn Calmes |
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