Did a school principal's role in awarding a defender-board contract to a school board member raise a conflict of interest?

Plain-English summary

An Avoyelles Parish school principal also chaired the parish indigent defender board. That board awarded an administrative-services contract to a member of the parish school board, which set policy affecting the principal. The principal asked whether that arrangement created a conflict for either person. The Attorney General found no violation of the dual-officeholding statutes in the positions they held, but did not clear the contract under the Code of Governmental Ethics.

The office explained that it issues opinions on R.S. 42:61, et seq., the dual-officeholding and dual-employment laws. It directed potential government-ethics questions to the Louisiana State Board of Ethics. Its narrow answer therefore should not be treated as approval of the contract's ethics.

Currency note

This opinion was issued in 2006. Later statutory amendments, ethics decisions, court rulings, or AG opinions may have changed the analysis. Check current law and ethics guidance before using it for a present contract.

What this means for you

School officials serving on another public board

Identify the positions each person holds and the contract being awarded. This opinion found no dual-officeholding violation in the stated arrangement, but it expressly left the ethics issue for the State Board of Ethics. Seek that review before treating the arrangement as conflict free.

Indigent defender board members

If a board contractor also serves on a body that governs a board member's public job, document the relationships and ask the ethics board about the contract. The AG's conclusion addressed the dual-officeholding statutes only.

Common questions

Did the AG approve the contract under the ethics code?

No. It said potential Code of Governmental Ethics violations should be forwarded to the Louisiana State Board of Ethics.

Who held which roles?

The requester was both a high school principal and an indigent defender board chair. The contractor was a member of the school board that administered policy affecting the principal; the contract covered administrative services for the defender board.

Did these positions violate dual-officeholding law?

The AG said it found no violation of R.S. 42:61, et seq., for the positions described. That finding did not settle the separate conflict-of-interest question.

Background and statutory framework

The requester asked whether the board's award of a contract to a school board member created a conflict of interest. The AG raised dual-officeholding law on its own, found no violation in the positions held, and referred the potential ethics issue to the state ethics board.

Citations

• R.S. 42:61, et seq. (dual-officeholding and dual-employment provisions identified by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0202

Original opinion text

October 20, 2006
OPINION 06-0202
78 DUAL OFFICEHOLDING
Mr. Charles B. Jones
The question of whether a conflict of interest exists
126 Lemoine Street
where school principal in his capacity as indigent
Marksville, LA 71351
defender board member awarded contract for
board administrative services to member of school board which regulates him as principal is an ethical
Dear Mr. Jones: inquiry; no violation of dual officeholding statutes
exist.
You advise that you are a board member and chairperson of the Avoyelles Parish Indigent Defender Board. Further, you are also employed as principal of Marksville High School in Avoyelles Parish.

Mr. Freeman Ford is a member of the Avoyelles Parish School Board, the board which administers policy affecting you as high school principal. In your capacity as member of the indigent defender board, you and the board awarded a contract to Mr. Ford for administrative services. Mr. Ford’s responsibilities include working with the board secretary on case management and assisting board attorneys in the administration of their assigned cases. Because you are employed by the high school which is subordinate to the school board upon which Mr. Ford serves, you ask if there exists a conflict of interest for yourself or Mr. Ford.

This office issues opinions concerning the application of our state Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq. We find no violation of those statutes vis-à-vis the positions held by you or Mr. Ford. However, questions concerning potential violations of the Code of Governmental Ethics should be forwarded to the Louisiana State Board of Ethics, 2415 Quail Drive, Baton Rouge, Louisiana, 70808, phone 225-763-8777.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ____
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ag

Page 2

SYLLABUS

OPINION 06-0202

78 DUAL OFFICEHOLDING

The question of whether a conflict of interest exists where school principal in his capacity as indigent defender board member awarded contract for board administrative services to member of school board which regulates him as principal is an ethical inquiry; no violation of dual officeholding statutes exist.

Mr. Charles B. Jones
126 Lemoine Street
Marksville, LA 71351

Date Received:

Date Released: October 20, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL