2015 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 20
BY SENATOR MURRAY
A CONCURRENT RESOL UTION
To urge and request the Louisiana Board of Ethics to issue an advisory opinion determining
whether persons working at a public school, even if employed by a private company,
are "public employees" as defined in the Louisiana Code of Governmental Ethics.
WHEREAS, R.S. 17:3973(2)(a) defines a "charter school" as an "independent public
school"; and
WHEREAS, R.S. 17:3996(B) provides that charter school officers and employees
are exempt from statutory mandates or other statutory requirements that are applicable to
public school officers and employees, except for certain specified statutes, including the
Code of Governmental Ethics; and
WHEREAS, the Code of Governmental Ethics, specifically R.S. 42:1102(18)(a)(iii),
provides that "public employee" means anyone, whether compensated or not, who is
engaged in the performance of a governmental function; and
WHEREAS, it has become prevalent in Louisiana that public charter schools, of
varying types, are operated by for-profit private educational management companies, under
contract with the not-for-profit company that was the recipient of the charter; and
WHEREAS, the terms of many of these contracts specifically provide that the
employees at the public charter school, including administration officials, staff, and
educators, are employees of the private for-profit operator; and
WHEREAS, the employees at these public charter schools are being informed by
their private employer that they are not public employees and not subject to the provisions
of the Code of Governmental Ethics, including but not limited to R.S. 42:1170 which
mandates that every public servant, including every public employee, receive one hour of
training in the Code of Governmental Ethics, annually; and
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WHEREAS, a review of the records of the Louisiana Ethics Administration revealed
that for calendar year 2014, a number of charter school employees did not obtain the
mandatory training, evidencing confusion as to whether those employees are public servants
and subject to the Code of Governmental Ethics; and
WHEREAS, the Louisiana School Boards Association filed a request with the
Louisiana Board of Ethics for an advisory opinion, but the Louisiana Board of Ethics
rejected that request; and
WHEREAS, traditional public schools also enter into contracts with private for-profit
companies for employees to work in public schools, and these contract employees are also
being told that they are not public employees; and
WHEREAS, there exists a serious and significant public policy issue as to whether
the employees of a public school are subject to the Code of Governmental Ethics.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana Board of Ethics to issue an advisory opinion on the question
of whether persons working at a public school, even if employed by a private company, are
"public employees" as defined in the Louisiana Code of Governmental Ethics.
BE IT FURTHER RESOLVED that the advisory opinion be issued no later than
October 1, 2015.
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the
Louisiana Board of Ethics.
BE IT FURTHER RESOLVED that a copy of the advisory opinion be forwarded to
each member of the Louisiana Legislature and to each public charter school in the state of
Louisiana.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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