| BBA |
Officers and Their Duties |
| BBBA |
Duties |
| BBBB |
New Member Orientation |
| BBBC |
Board Member Continuing
Education |
| BBBD |
Bonded Members |
| BBBE |
Compensation and Expenses |
| BBC |
Board Committees |
| BBD |
Board-Superintendent
Relations |
| BBE |
School Attorney |
| BC
|
Meetings |
| BCBB |
Notification |
| BCBD-AP |
Agenda Preparation and
Dissemination |
| BCBG |
Voting Method |
| BCBH |
Minutes |
| BCBI |
Public Participation |
| BCBK |
Executive Sessions |
| BD |
Policy Development |
| BD-AP |
Development,
Preparation, and Distribution of Policy and Procedures |
| BDF |
Administrative Regulations
and Procedures |
| BH |
School Board Ethics |
FILE:
BBA
Cf: BBD, BC, BCBH
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OFFICERS
AND THEIR DUTIES
The Board shall elect, at
its last meeting in December of each year, one of its members to serve as
President and one to serve as Vice-President for a term of one (1) year.
(The President/Vice-President shall not serve consecutive terms in the
same position.) The President shall
preside at all meetings of the Board and shall call special meetings when
required. He shall sign with the
Superintendent the minutes and other official documents which require the
signature of the President. He
shall perform other duties prescribed by law or Board policy.
In the absence of the President or in the event of his death, or his
inability or failure to act, the Vice-President shall perform the duties of the
President and, when so acting, shall have all the powers of the President.
If the President and Vice-President are absent from a meeting at which a
quorum is present, the Superintendent shall preside until the members elect one
of their members to serve as the President for that meeting.
The Superintendent shall
serve as the secretary and treasurer of the Board.
As secretary, he shall conduct all correspondence of the Board, keep and
preserve all its records, receive all reports required by the Board, and see
that such reports are in proper form, complete and accurate.
He shall announce all meetings, prepare the agenda of all meetings, and
attend all meetings of the Board and of its committees.
In case the Secretary is absent, the Board may appoint another member of
the Board, or other school personnel under the jurisdiction of said Board to act
as secretary.
As treasurer, the
Superintendent shall be designated as the official custodian of all funds to
which the Board is entitled by law and shall be responsible for the proper
safeguarding and accounting for all such funds.
The treasurer shall issue a
receipt for any monies coming into his hands and deposit such monies in
accordance with the laws governing the deposit of public funds.
He shall issue warrants in payment of expenses lawfully incurred on
behalf of the School Board, but except as otherwise provided by law, shall issue
such warrants only after proper allowance or approval by the Board.
For each school year, the
treasurer shall give a bond for the faithful performance of his duties; said
bond to be written by an insurance company licensed to do business in the State
of Louisiana and in an amount to be determined by the Board.
The treasurer shall be responsible under such bond for the faithful
performance of duties as treasurer.
Revised:
March, 1996
Revised: August, 1999
Ref:
La. Rev. Stat. Ann. §§17:54, 17:55, 17:56, 17:83, 17:91. Board minutes,
12-12-95, 2-13-96, 3-5-96, 8-3-99.
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DUTIES
OF BOARD MEMBERS
The members of the
Calcasieu Parish School Board shall have authority only when acting as a Board
legally in session. The Board shall
not be bound in any way by any action or statement on the part of any individual
Board member except when such statement or action is in pursuance of specific
instructions from the Board.
No Board member, by virtue
of his office, shall exercise any administrative responsibility with respect to
the schools or as an individual command the services of any school employee.
The duties and obligations
of an individual School Board member may be enumerated as follows:
-
To
familiarize himself with school law, regulations of the State Department of
Education, School Board policies and administrative regulations and
procedures;
-
To
have a general knowledge of educational philosophy, aims and objectives of
the system;
-
To
work harmoniously with other Board members without trying to either dominate
the Board or neglect his share of the work;
-
To
vote and act in the Board meetings impartially for the good of the district;
-
To
accept the will of the majority vote in all cases and give wholehearted
support to the resulting policy;
-
To represent the Board and the school system to the public in such a
way as to promote both interest and support;
-
To refer complaints to the proper school authorities and to abstain
from individual counsel and action; and
-
To act ethically in all matters at all times thereby representing the
School District to the best of one's ability.
NEW
MEMBER ORIENTATION
The School Board realizes
the importance of a functional orientation program for new Board members.
Under the guidance and directions of experienced Board members and the
Calcasieu Parish Superintendent of Schools, orientation shall be provided new
Board members to allow the members to become fully informed about the Board's
functions, policies, procedures and problems.
Administrative staff members shall participate in such activities, when
appropriate.
BOARD MEMBER CONTINUING EDUCATION
Each School Board member
shall be required to receive a minimum of six (6) hours of training and
instruction in the school laws of this state, in the laws governing the powers,
duties and responsibilities of school boards, and in educational trends,
research, and policy. Such
instruction may be received from an institution of higher education in this
state, from instruction sponsored by the State Department of Education, or by an
in-service training program conducted by a city or parish school board central
office or the Louisiana School Boards Association.
The Superintendent shall be
responsible for verifying that the instruction provided meets the requirements
of state laws.
Board members who have
completed the necessary instruction are not required to receive additional
instruction upon being reelected to the School Board.
Ref: La. Rev. Stat. Ann. §17:53.
BONDED MEMBERS
The School Board shall
require the Superintendent and Board President, or other appropriate designated
personnel, who are authorized to sign all checks written against school funds,
to furnish a surety bond of not less than fifteen thousand dollars.
In addition, the Superintendent, as treasurer of the Board, shall furnish
an indemnity bond, made in favor of the governor and the Board in an amount to
be set by the Board.
All bonds shall be
purchased by the Board from a company licensed to do business in Louisiana.
In addition, all bonds purchased by the Board on its employees shall
include coverage against loss sustained by the Board on its employees shall
include coverage against loss sustained by the Board through fraudulent or
dishonest acts committed by any of the bonded employees or persons.
Ref:
La. Rev. Stat. Ann. §§17:95, 17:97.
COMPENSATION AND EXPENSES
The School Board shall
provide an expense allowance and provide for expense reimbursement for its
members in accordance with state law. Board
members shall also be authorized to receive reimbursement for mileage going to
and from meetings as well as reimbursement for travel and related expenses
outside the jurisdictional boundaries of the Board while on official School
Board business, all in accordance with Board policy.
Any action increasing the compensation for Board members shall require a
two-thirds vote of the total membership. Before
any action is taken, however, the Board shall advertise the time and place where
the meeting is to be held to consider the expense allowance in the official
journal of the Board on at least two (2) separate days during the fifteen (15)
days immediately preceding such meeting.
The President of the Board
shall be entitled to receive one additional per diem allowance in his/her
capacity as President.
Revised:
November, 1993
Ref:
La. Rev. Stat. Ann. §§17:56, 17:56.1.
BOARD COMMITTEES
The President of the Board
shall appoint membership and assign chairmanship to standing committees which
may be created by the Board. The
President shall serve as the educational advisor to all committees.
The meeting days of these committees shall be set by the Board or as may
be called by its chairman.
Special committees may also
be appointed by the President or the Board for specific purposes.
Upon conclusion of their assignment and report to the Board, the
committee shall cease to function. The
committee may also be terminated upon approval by the Board.
Official action resulting from the committee's assignment shall be
reserved for and acted on only by the Board as a whole.
Standing Committees that
have been established by the Board are:
1.
Budget and Fiscal Management Committee
2.
Administration and Personnel Committee
3.
Curriculum and Instruction Committee
4.
Pupil Personnel Committee
Committee assignments shall
be made by the President of the Board in January of each year.
A quorum of a committee shall consist of a majority of the appointed
members of the committee. However,
all Board members present at committee meetings shall be entitled to participate
and vote on recommendations to be submitted to the entire Board.
Ref:
La. Rev. Stat. Ann. §17:55.
BOARD-SCHOOL SUPERINTENDENT RELATIONS
The Calcasieu Parish School
Board recognizes and directs that Board members and the Superintendent keep
their functions clearly in mind -- the Board exercising legislative and judicial
functions as a Board, the Superintendent serving as the Board's executive
officer and its professional advisor. It
is equally important that they work together in harmony and good will.
A Superintendent cannot succeed without the cooperation of the School
Board.
The Calcasieu Parish School
Board recognizes that it is the responsibility of the Superintendent, with the
advice and assistance of his staff, to prepare and make recommendations to the
Board concerning all important business and professional matters.
It further recognizes that the Board may accept, modify, or reject
recommendations and call for new ones. After
the Calcasieu Parish School Board has formally adopted any policies, plans, or
programs for the operation of the schools, it is the responsibility of the
Superintendent to put these policies, plans or programs into effect in complete
conformity with the decisions of the Board.
SCHOOL ATTORNEY
The Board recognizes that
the increasing complexity of school system operations frequently requires
procurement of professional legal services.
Consequently, it shall rely on the District Attorney for purposes of
systematically securing such services. The
primary function of an attorney shall be to provide professional legal counsel
and representation to the Board and Superintendent.
The Board may select and
employ its own general attorney, in which case the District Attorney shall be
relieved of responsibility to serve as counsel for the School Board.
The Board may also employ additional legal assistance when special
circumstances warrant.
Ref:
La. Rev. Stat. Ann. §§16:2, 42:261.1.
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MEETINGS
The Calcasieu Parish School
Board has the authority to hold as many Board meetings per month as the Board
deems necessary. The Board shall
conduct at least one (1) regularly scheduled meeting per month.
Special meetings may be held as the Board determines or as occasion may
require.
The public and news media
shall be informed of the dates of all regular and special meetings.
All meetings shall be open to the public except meetings that meet the
criteria described in Louisiana law for being closed meetings.
Official actions or
decisions shall be made only in official meetings of the Board.
No member of the Board nor any committee of the Board shall have the
power to act in the name of the Board outside of official Board meetings unless
so designated by a majority of the Board duly convened.
It is the desire of the
Board that meetings shall be formal enough for orderly procedure but informal
enough to be natural, to encourage free discussion and to promote group thinking
and action. In matters of
procedures not covered by law, Board policy, or the State Board of Elementary
and Secondary Education, meetings of the Board shall be governed by Robert's
Rules of Order, Revised. The
President shall be entitled to discuss and vote on all matters before the Board.
The President may preclude
discussion which does not apply to the motion last made.
He may also minimize or halt discussion of a matter if the Board has
previously agreed to confine discussion to a definite period of time, and that
period has been used up. Aside from
such limitation, the President may limit debate only with the concurrence of
two-thirds vote of the members present.
QUORUM
A quorum for the
transaction of official business shall consist of a majority of the members of
the Board. When a quorum of the Board has convened and neither the
President nor the Vice-President is present, the members shall elect one of
their number to serve as President for that meeting.
A simple majority of the
Board members present and voting may adopt any motion or any policy and/or
regulation, otherwise a majority of the full membership or larger is needed when
specifically required by law.
Ref:
La. Rev. Stat. Ann. §§17:81, 41:4.1, et seq.
NOTIFICATION
The Board shall give a
written public notice of all regular, special, or rescheduled meetings no later
than twenty-four (24) hours before the meeting.
Such notice shall include the specified time, date, and place of the
meeting. The Board shall, in cases of extreme emergency where the need
exists to convene a meeting at the earliest possible time, provide such public
notice as it deems appropriate and circumstances permit.
The School Board, however,
in accordance with state law, shall be exempted from the above relative to
regular meetings if: (1) it adopts
a resolution each January establishing the day, time, and place of its regular
meeting; (2) written public notice of this resolution is given at least one
time; and (3) if changed, the Board gives written public notice at least once of
the amendment or resolution no less than twenty-four (24) hours in advance of
the changed regular meeting.
Ref:
La. Rev. Stat. Ann. §§17:81, 42:4, 42:7, 42:8.
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AGENDA PREPARATION AND DISSEMINATION
The Board President shall
direct the Superintendent to prepare, or cause to be prepared, an agenda for all
regular Board meetings. Items of
business may be suggested by Board members, administrative staff, employees,
school patrons, or lay citizens of the school district for inclusion on the
agenda. A request to be considered
for a place on the agenda of any items or by any group or individual other than
a Board member shall be filed in writing with the Superintendent no later than
eight (8) days preceding the next scheduled Board meeting.
Any material to be used must be submitted at the time of the request.
The Superintendent shall be
authorized to waive the eight-day requirement if in his judgment the matter to
be brought before the Board is of an emergency nature.
In the event the eight-day requirement is waived, and the agenda has been
mailed to Board members, the Superintendent shall, if time permits, mail to
Board members a supplement to the original agenda.
Otherwise, the Board shall be appraised of his action in waiving the time
requirement at its next meeting. The
Superintendent shall be authorized to decide which matters are of a sufficient
importance to require Board attention. The Superintendent's decisions may be appealed to the
President of the Board. Matters
which should be handled by the Superintendent and his staff shall be left off
the agenda and handled by the professional staff in order to conserve Board
time. In the event the
Superintendent and his staff cannot solve the problem to the satisfaction of the
person or delegation, the matter shall be presented to the Board at the earliest
possible date.
All Board meeting materials
and supporting data shall be disseminated to the members of the Board and shall
be mailed no later than five (5) days prior to any Board meeting (inclusive of
the Board meeting day), whenever possible.
Except for announcements,
requests for expressions of praise, commendations, sympathy, and setting dates
and times for meetings, an item of business not on the agenda may not be
suggested from the floor for discussion except by approval of two-thirds of the
members present at a meeting.
Revised:
October, 1999
Revised:
September, 2000
Ref:
La. Rev. Stat. Ann. §42:7; Board minutes, 8-1-00.
VOTING METHODS AT BOARD MEETINGS
An affirmative vote of a
simple majority of members present and voting shall be necessary for the passage
of any motion, except in such instances as the law or other policies of the
Board that may require a larger vote. Every
member present, including the President, shall be entitled to one vote.
A member of the Board may
abstain from voting on an issue before the Board, whereby his vote shall be
counted neither for nor against the issue voted upon.
In such cases the Board member shall state that he abstains from voting
and the minutes shall reflect the member's abstention.
All voting shall be by
voice, or by show of hands; a roll call vote may be requested by any member
and/or ordered by the President, with the vote of each member recorded in the
minutes. On voice votes, the name of each voting "nay" shall
be recorded in the minutes upon his request.
There shall be no
representation by proxy of any member of the Board at any time.
All members present are authorized to speak on issues, offer and second
motions, and vote.
Reconsideration of action
shall be according to Robert's Rules of Order.
No action shall be taken by the Board except as taken above at a properly
called regular or special meeting.
Ref:
La. Rev. Stat. Ann. §§17:81, 18:602, et seq., 42:1120; Atty. Gen. Op.
#82-274, May 5, 1982.
MINUTES OF BOARD MEETINGS
The School Board shall
require written minutes of all of its open meetings be kept.
Such minutes shall include:
-
the date,
time, and place of the meeting;
-
the members of
the public body recorded as either present or absent;
-
the substance
of all matters decided, and, at the request of any member, a record, by
individual member, of any votes taken; and
-
any other
information that any School Board member requests be included or reflected in
the minutes.
The Superintendent shall be
responsible for keeping all minutes of the Board in a book provided for that
purpose and, within ten (10) days after the meeting at which the minutes are
approved, present them to be published one (1) time in the official journal of
the Board. The acts of the Board
are filed and maintained in its administrative offices as public records and
shall not be moved therefrom.
The minutes shall be public
records and shall be available within a reasonable time after the meeting except
where such disclosures would be inconsistent with statutory provisions.
The official journal of the
Calcasieu Parish School Board shall be rotated, as long as the bids are the
same, between the Lake Charles American Press and the Southwest Daily News.
The Southwest Daily News shall serve as the official journal for 1997-98.
Revised:
June, 1997
Ref:
La. Rev. Stat. Ann. §§17:81, 42:4.1, et seq.; Board minutes, 6-3-97.
PUBLIC PARTICIPATION
The Board shall conduct all
meetings in full view of and with welcome participation by the public.
All delegations or individuals who wish to appear before the Board shall
submit their requests in writing to the Superintendent at least eight (8) days
prior to the meeting date, stating the matter they wish considered by the Board
and the approximate time such matter should consume at the meeting.
Such items may be included on the agenda of the meeting at which the
delegation or individual wishes to appear before the Board.
Each delegation appearing before the Board shall select one (1)
person in advance as its spokesman.
After the agenda is set and
published, all delegations or individuals who wish to comment on any agenda item
must submit their requests, in writing, to the Superintendent prior to the
convening of the meeting, stating what agenda item they wish to address.
A procedure of general consent may be used for Board action but that
procedure shall not preclude public participation or public comment as provided
for in this policy. Each delegation
appearing before the Board shall select one (1) person in advance as a
spokesperson.
The
Board reserves the right to recess into or call executive sessions as provided
by state law. At no time will
actions be taken or resolutions made during executive sessions.
The Board may have removed
from a Board meeting any person or
persons
who willfully disrupt a meeting to the extent that orderly conduct of the
meeting is seriously compromised.
Revised:
December, 1997
Revised: October, 1999
Ref:
La. Rev. Stat. Ann. §§17:81, 42:5, 42:5.1, 42:6; Board minutes,
3-21-95, 10-21-97.
EXECUTIVE
SESSIONS
The Board shall be
authorized to hold executive sessions upon an affirmative vote, taken at an open
meeting for which notice has been given in accordance with state law, of
two-thirds of the members present. The
vote of each member on the question of holding an executive session and the
reason for holding such an executive session shall be recorded and entered into
the minutes of the meeting.
Such executive sessions
shall be restricted only to matters allowed to be exempted from discussion at
open meetings. No final or binding
action shall be taken at such a closed meeting; nor shall such closed meetings
be used as a subterfuge to defeat the statutory intent for conducting executive
sessions.
Executive sessions shall be
attended only by members of the Board, the Superintendent, and any other persons
designated by the Board. All
matters discussed in any closed meeting shall be regarded as confidential by all
persons in attendance and shall not be divulged to the public.
Closed meetings may be held
for the following reasons:
-
Discussion
of the character, professional competence, or physical or mental health of a
single individual provided that such individual may require that such a
discussion be held at an open meeting, but not for the appointment of a person
to the Board.
-
Strategy
sessions or negotiations with respect to collective bargaining, prospective
litigation after formal written demand, or litigation when an open meeting would
have a detrimental effect on the bargaining or litigating position of the public
body.
-
Discussion
regarding the report, development, or course of action regarding security
personnel, plans, or devices.
-
Investigative
proceedings regarding allegations of misconduct.
-
Cases of
extraordinary emergency, which shall be limited to natural disaster, threat of
epidemic, civil disturbances, suppression of insurrections, or the repelling of
invasions, or other matters of similar magnitude.
-
Discussions
between the Board and individual students or the parents or tutors of such
students, or both, who are within the jurisdiction of the respective school
system, regarding problems of such students, their parents, or tutors.
Such a discussion may be held in open meetings at the request of the
student, parent or tutor.
-
Any other
matters now provided for or as may be provided for by the Legislature.
Ref:
La. Rev. Stat. Ann. §§17:81, 42:4.l, et seq.
POLICY DEVELOPMENT
The School Board shall
formulate policies to guide the action of those to whom it delegates authority.
These guides shall constitute the policies governing the operation of the
school district. They shall be
recorded in writing and made a part of the official School Board Policy Manual.
The formulation and
adoption of Board policies shall constitute one method by which the Board shall
exercise its leadership in the operation of the school district.
The study and evaluation of reports concerning the execution of its
written policies shall constitute the basic method by which the Board shall
exercise its control over the operation of the school district.
The policies of the Board
are framed, and are meant to be interpreted, in terms of Louisiana laws, rules
and regulations of the State Board of Elementary and Secondary Education, and
all other regulatory agencies within the local parish, state, and federal levels
of government.
The operation of policy or
section of policy not established by law or contract may be temporarily
suspended by a majority vote of Board members present and voting at a regular or
special meeting.
Any change in or addition
to Board policy to be considered by the Board shall be subject to the following:
-
Any item which
constitutes a new policy to be considered by the Board shall be clearly
indicated on any Committee or Board agenda as a "proposed policy
revision."
-
A committee
may discuss and take action regarding the item at a regular or special committee
meeting, and recommend that the Board take appropriate action at a subsequent
Board meeting.
-
The Board may
discuss and take appropriate action regarding the item at a regular or special
called meeting; however, except as permitted below, any resolution or other
action approved by the Board regarding said item shall be deferred for final
adoption until the meeting of the Board immediately following the meeting at
which the policy change first appeared on the agenda.
A proposed policy change and/or addition that is amended prior to final
adoption may be adopted by a two-thirds vote or be deferred for final action
until the next regular Board meeting.
-
A change in
policy may also be adopted without deference by a vote of two-thirds of the
members present and voting at a regular or special meeting.
ADMINISTRATION
IN ABSENCE OF POLICY
In cases where action must
be taken within the school system where the Board has no formalized policy
statement, the Superintendent shall have the power to act.
His
decisions, however, shall be subject to review by action of the Board at its
regular meeting. It shall be the
duty of the Superintendent to inform the Board promptly of such action and of
the need for policy if in his best judgement, a need for such policy exists.
Revised:
June, 1993
Ref:
Constitution of Louisiana, Art. VI, Sec. 10; Board minutes, 4-15-86, 6-1-93.
ADMINISTRATIVE
REGULATIONS AND PROCEDURES
The Board delegates to the
Superintendent the function of specifying required actions and designing the
detailed arrangements under which schools will be operated.
These detailed arrangements shall constitute the administrative
regulations and procedures governing the schools and shall be designed to
effectively implement the policies of the Board.
They shall be defined in written form and organized by subject or date
with adequate indexing for easy use. Make-up
and distribution shall be so as to facilitate easy filing and proper use, and
distribution shall include the members of the Board. The administrative regulations and procedures established by
the Superintendent and staff shall in every respect be consistent with the
policies of the Board.
The Board itself shall
strive to formulate and adopt regulations only when specific state laws require
Board adoption. But, the Board may
also do so when the Superintendent recommends Board adoption in light of strong
community attitudes or probable staff reactions.
SCHOOL BOARD ETHICS
Recognizing that as a
member of a public school board and that each Board member is filling a position
of public trust, responsibility, and authority endowed by the State of
Louisiana, the Board, individually and collectively, shall subscribe to the
principles of the Louisiana School Boards Association, by which a school board
member should be guided.
In addition, certain
actions of elected officials may be considered improper, and in some
circumstances, illegal. Actions
which may present a conflict of interest, acceptance of gifts, or solicitations,
or gratuities, abuse of authority of office or position, and decisions regarding
the employment of a family member of an official are all subject to statutory
restrictions. The ethical conduct
of Board members, as well as other designated officials, shall be in accordance
with state law.
NEPOTISM
No member of the immediate
family of an agency head shall be employed in his agency.
No member of the immediate family of a member of a governing authority or
the chief executive of a governmental entity shall be employed by the
governmental entity, except that the School Board may employ any member of the
immediate family of any Board member or the Superintendent as a classroom
teacher provided that such family member is certified to teach.
Each member of the Board which employs a member of the immediate family
of a School Board member or the Superintendent shall recuse himself from any
decision involving the promotion or assignment of
teaching location of the employee.
The provisions above 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 a
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.
PROHIBITED
TRANSACTIONS
Any School Board member,
Superintendent, or employee is prohibited by state law, with limited exception
as provided in La. Rev. Stat. Ann. §42:1120, from participating in a
transaction in which he has a personal substantial economic interest of which he
may be reasonably expected to know involving the governmental entity.
Also, any School Board member, Superintendent, or employee is prohibited
by state law, except as provided in La. Rev. Stat. Ann. §42:1120, from
participating in a transaction involving the governmental entity in which, to
his actual knowledge, any of the following persons has a substantial economic
interest:
-
Any member of
his immediate family.
-
Any person in
which he has a substantial economic interest of which he may reasonably be
expected to know.
-
Any person of
which he is an officer, director, trustee, partner or employee.
-
Any person
with whom he is negotiating or has an arrangement concerning prospective
employment.
-
Any person who
is a party to an existing contract with
such public servant, or with any legal entity in which the public servant
exercises control or owns an interest in excess of twenty-five percent, or who
owes any thing of economic value to such public servant, or to any legal entity
in which the public servant exercises control or owns an interest in excess of
twenty-five percent, and who by reason thereof is in a position to affect
directly the economic interests of such public servant.
Every public employee shall
disqualify himself from participating in a transaction involving the
governmental entity when a violation of state law would result.
ABUSE
OF OFFICE
No School Board member,
Superintendent, or employee shall use the authority of his office or position,
directly or indirectly, in a manner intended to compel or coerce any person or
other public servant to provide himself, any other public servant, or other
person with any thing of economic value.
No School Board member,
Superintendent, or employee shall use the authority of his office or position,
directly or indirectly, in a manner intended to compel or coerce any person or
other public servant to engage in political activity.
TRANSACTIONS
AFTER TERMINATION OF PUBLIC SERVICE
No former agency head or
elected official shall, for a period of two (2) 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 agency or render any service on a contractual basis to or for the Board.
No former member of the
Board shall, for a period of two (2) years following the termination of his
public service on such Board, contract with, be employed in any capacity by, or
be appointed to any position by the Board.
DEFINITIONS
Agency
means a department, office, division, agency, commission, board, committee, or
other organizational unit of a governmental entity.
For public servants of political subdivisions, it shall mean the agency
in which the public servant serves, except that for members of any governing
authority and for the elected or appointed chief executive of a governmental
entity, it shall mean the governmental entity.
Agency
head
means the chief executive or administrative officer of an agency or any member
of a board or commission who exercises supervision over the agency.
Immediate
family
as the term relates to a public servant means his children, the spouses of his
children, brothers, sisters, parents, spouse, and the parents of his spouse.
Public
servant
means a public employee or an elected official.
Political
Activity
means an effort to support or oppose the election of a candidate for political
office in an election.
Substantial
economic interest
means an economic interest which is of greater benefit to the public servant or
other person than to a general class or group of persons, except:
-
The interest
that the public servant has in his position, office, rank, salary, per diem, or
other matter arising solely from his public employment or office.
-
The interest
that a person has as a member of the general public.
Transaction
involving the governmental entity
means any proceeding, application, submission, request for a ruling or other
determination, contract, claim, case, or other such particular matter which the
public servant or former public servant of the governmental entity in question
knows or should know:
-
Is, or will
be, the subject of action by the governmental entity.
-
Is one to
which the governmental entity is or will be a party.
-
Is one in
which the governmental entity has a direct interest.
A transaction involving the agency of a governmental entity shall have
the same meaning with respect to the agency.
Revised:
October, 1997
Ref:
La. Rev. Stat. Ann. §§17:428, 42:1101, 42:1102, 42:1116, 42:1119,
42:1121.
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