Report On

Superintendent Isaac
Joseph Violating State
Law
June 21, 2016

Cedric Floyd, District 5

Jefferson Parish School Board

Violation of State Law by Superintendent Isaac Joseph

On April 15, 2015, Isaac Joseph was appointed Superintendent of the
Jefferson Parish School Board, effective May 1, 2015. On or about May 1, 2015,
Supt Joseph was informed by Kathleen Allen, Executive Director, Ethics Board, of
state law concerning Nepotism and provided a copy of a Disqualification Plan
approved by the Ethics Board from Bossier Parish School Board (Opinion 20131312) (see Exhibit 1). At that time, Supt. Joseph was provided a copy of Chapter
14, Disqualification Pursuant to the Provisions of Section 1112 (C) of the Code of
Ethics, Sections 1401 to 1404 (see Exhibit 2). Section 1404 states, The
proposed disqualification procedure shall be implemented by the public
employee and his immediate supervisor, and the public employee shall
otherwise refrain from participating in the potential transaction until such time
as the board has, in writing, provided the public employee, his immediate
supervisor, and his agency head with instructions as to the procedure to avoid
participation in the prohibited transaction. Emphasis added
On July 20, 2015, the newly appointed Principal, Higgins High School, Meg
Griffon, resigned her employment with the Jefferson Parish School Board. Please
note that Ms. Griffons resignation was July 20, 2015, 21 days or 3 weeks before
the start of school for students. Even though State Law forbids Supt. Joseph from
participating in the potential transaction that would benefit his close relative,
Supt. Joseph took the following steps: 1) He appointed an Acting Principal without
any legal basis for doing so because Ms. Griffon had resigned on July 20th, and 2)
He directed Patricia Adams, In-House Counsel, to review the status of Faith
Joseph (Supt. Josephs wife) and on or about August 9, 2015, Ms. Adams wrote to
the Ethics Board, asking the Board if it was permissible under State Law for Faith
Joseph to be transferred to Higgins High School (see Exhibit 3). Please note that
the State Law (Ethics) required Supt. Joseph to refrain from participating in the
potential transaction until the (Ethics) board has, in writing, provided the public
employee, his immediate supervisor, and his agency head, with instructions as to
the procedure to avoid participation in the prohibited transaction.
1

On September 2, 2015, the Jefferson Parish School approved a

Disqualification Plan and submitted the Plan to the Ethics Board on September 9,
2015. The Ethics Board gave written approval to the Disqualification Plan on
November 24, 2015 and January 15, 2016 (see Exhibits 4 and 5).
In an attempt to disguise his actions, Supt. Joseph made his own rule, The
Isaac Rule, to fit the highly questionable situation. The Isaac Rule provides that if
a vacancy in position of principal occurs after the start of school, then the person
appointed would be Acting until the end of the year. This would allow enough
time to elapse for his wife to apply for the Higgins principal position. That
rationale is flawed because Amy Hoyle, Principal, Douglass Elementary, resigned
on August 14, 2015, after the start of school, and then Lauren Rodriguez was
appointed Principal of Douglass Elementary and executed a contract for 2 years.
Please note that Amy Hoyle resigned from Douglass Elementary, 25 days after
Meg Griffon resigned from Higgins, and a Principal was appointed with a 2 year
contract at Douglass Elementary. With no legal basis in State Law for appointing
Acting Principals after the start of school, Supt. Joseph, pursuant to The Isaac
Rule, appointed Acting Principals at Wall Elementary, Terrytown Elementary,
George Cox Elementary, Higgins High, Judge Collins Elementary, Hearst
Elementary, and Grand Isle High Schools.
Supt. Joseph violated State Law, RS 17:444, by not appointing employees to
a 2 year contract when a vacancy (no employee had a contract for the vacant
position and was on leave) existed in the position of principal at the respective
schools. The Louisiana Attorney General stated in Opinion 97-93 that an exception
to a 2 year contract existed when the position of principal at a school would be
eliminated due to consolidation or known closure of a school in one year (see
Exhibit 6). The advertisement for the position of Principal at Wall Elementary,
Terrytown Elementary, George Cox Elementary, Higgins High, Judge Collins
Elementary, Hearst Elementary, and Grand Isle High Schools indicated that the
schools will be opened and functioning for the upcoming school year (16-17) and
not closed in one year as stated in LA Attorney General Opinion 97-93.
Faith Joseph has applied for the position of Principal at Higgins High when
Supt. Joseph directed the position to be posted (on or about May 30, 2016) on the
2

school boards website as a vacancy. The Ethics Board stated in its letter to
Patricia Adams stated that, The Board further instructed me to inform you that
La R.S. 42:1112B (1) would prohibit Isaac Joseph from participating in a
transaction with his governmental entity in which his wife has a substantial
economic interest. As such, La R.S. 42:1112C would require Mr. Joseph to
disqualify himself from participating in such transactions to avoid a violation of
Section 1112 (see Exhibit 3).

Fwd: Disqualification Plan

Page 1of1

From: Cedric Floyd <FloydCF@aol.com>

To: Isaac Joseph <igj51@yahoo.com>
Subject: Fwd: Disqualification Plan
Date: Mon, May 4, 2015 5:05 pm
Attachments: 2013-1312-Advisory Opinion Request.pdf (705K)

Cedric Floyd iPhone

Begin forwarded message:

From: Cedric Floyd <floydcf@aol.com>

Date: May 2, 2015 at 8:24:16 AM CDT
To: igj51@yahoo.com
Subject: Fwd: Disqualification Plan

-----Original Message----From: Kathleen Allen <Kathleen.Allen@LA.GOV>

To: floydcf <floydcf@aol.com>
Sent: Fri, May 1, 2015 4:03 pm
Subject: Disqualification Plan
Attached is a disqualification plan that was submitted to the Board of Ethics.

Kathleen M. Allen
Ethics Administration Program
P. 0. Box 4368
Baton Rouge, LA 70821

(225) 219-5600/(800) 842-6630

(225) 381-7271 (facsimile)
www.ethics.state.la.us

https://mail.aol.com/webmail-std/en-us/PrintMessage

------..

6/20/2016

HAMMONDS, SILLS,
ADKINS & Gu1cE,11P

Robert L. Hammonds
Kenneth F. Sills
Harold J. Adkins
Jon K. Guice, APC
Elmer G. Noah, II, LLC
Neal L. Johnson, Jr., LLC
Carla S. Courtney-Harris
Alejandro R. Perkins
Linda K. Ewbank
Wayne T. Stewart
Pamela Wescovich Dill

ATTORNEYS

AT

LAW

1881 Hudson Circle

Monroe, LA 71201
PH 318-324-0101
FX 318-322-5375
800-960-5297
www.hamsil.com

(also admitted in Minissippi)

Charles F. Hardie, VI
Melissa S. Losch
Eric M. Barrilleaux
Lykisha R. Vaughan

August 20, 2013

OfCounsel
Franklin V. Endom, Jr.

t;j
,,,_
~

Ci>

!S

Ms. Kathleen Allen

Louisiana Board of Ethics
P. 0. Box 4368
Baton Rouge, LA 70821

..
..

\l!J

Re: Disqualification Plan

Bossier Parish School Board
Dear Kathleen:
Please find enclosed a letter from Eddy Presley, President of the Bossier Parish School Board,
in which he encloses a copy of the executed Disqualification Plan that was previously approved by
your board relative to the employment of Kyle Machen, son of Superintendent D. C. Machen. We
certainly appreciate your office's assistance, and should you have any questions, concerns or need
any additional information, please do not hesitate to give me a call.
With kindest regards, we remain

JKG/bd

cc: Superintendent D. C. Machen

BATON

ROUGE

MONROE

Chapter 14. Disqualification Pursuant to the Provisions of

Section 1112(C) of the
Code of Governmental Ethics
1401. Application
A. .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 Section 1112 of the Code
ofGovernmental Ethics would result.
AUTHORITY NOTE: Promulgated in accordance with R.S. 42: 1134(A).
HISTORICAL NOTE: Promulgated by the Department of Civil Service, Board ofEthics, LR 23:1300 (October 1997).

1402. Reporting Requirements; General

A. Every public employee, except an agency head, upon determining that he may be compelled to participate in
a transaction involving the governmental entity in violation of Section 1112 of the Code of Governmental Ethics,
shall immediately, and prior to such participation, report the details of the transaction, in writing, to:
1.

his immediate supervisor,

2.

his .agency head, and

3. to the board.
B. Every agency head, upon determining that he may be compelled to participate in a transaction involving the
governmental entity in violation of Section 1112 of the Code ofG<ivernmental Ethics, shall immediately, and prior to
such participation, report the details of the transaction, in writing, to his appointing authority and to the board.
AUTHORITY NOTE: Prornulgated in accordance with R.S. 42: l l 34(A).
HISTORICAL NOTE: Promulgated by the Department of Civil Service, Board ofEthics, LR 23:1300 (October 1997).

1403. Reporting Requirements; Impact on Governmental Entity andAlternative Measures

A. Upon receipt of such .written communication from the public employee, the immediate supervisor of the
public employee, as well as the agency head (or appointing authority, if applicable), shall immediately, and prior to
such participation by the public employee, provide the board, in writing, with a report concerning the impact on the
efficient operation of the governmental entity of the potential participation by the public employee and shall provide
the board with reports as to alternative measlll'es. available .to the public employee to prevent participation in the
prohibited transaction.
AUTHORITY NOTE: Promulgated in accordance with R.S; 42:1134(A).
HISTORICAL NOTE: Promulgated by the Department of Civil Service, Board of Ethics, LR 23:1300 (October 1997).

1404. Action by the Board

A. The proposed disqualification procedure shall be implemented by the public employee and his immediate
supervisor, andthe public employee shall otherwise refrain from participating.in the potential transaction until such.
time as the board has, in writing, provided the public employee, his immediate supervisor, and his agency head with
instructions as.to.the procedure to avoid participation in the prohibited transaction.
AUTHORITY NOTE: Promulgated in accordance with R.S. 42: 1134(A).
HISTORICAL NOTE: Promulgated by the Department of Civil Service, Board ofEthics, LR 23: 1300 (October 1997).

-----

STATE OF LOUISIANA
DEPARTMENT OF STATE CIVIL SERVICE

LOUISIANA BOARD OF ETHICS

P. 0. BOX 4368
BATON ROUGE, LA 70821
(225) 219-5600

FAX: (225) 381-7271

1-800-842-6630
www.ethics.state.la.us

September 22, 2015

Patricia Adams
Jefferson Parish Public School System
501 Manhattan Blvd
Harvey, LA 70058

Re:

Ethics Board Docket No. 2015-861

Dear Ms. Adams:

The Louisiana Board of Ethics, at its September 18, 2015 meeting, considered your
request for an advisory opinion, submitted on behalf of the Jefferson Parish School
System (School System), regarding whether Faith Joseph may be transferred to the
position of Principal of L. W. Higgins High School while her husband, Isaac Joseph, is
employed by the iefferson Parish School Board (School Board) as the Superintendent.
You submitted the following background information for consideration in connection
with your request:
The qualifications for the position of School Principal include a Master's Degree with
Louisiana Certification in Administration and Supervision (Principalship Certificate) and
three years of teaching experience. Ms. Joseph has been employed with the School
System for twenty-six years. She started as a teacher in 1989 and has served in various
administrative positions since 2001, including as Principal of Henry Ford Middle School
since 2007. She holds a Master of Education from the University of New Orleans and is
certified as a Level 2 Education Leader.
The principals employed by the School Board report directly to an Executive Director of
Principal Performance, who, in turn, reports to the Chief Achievement and
Accountability Officer (CAAO). The CAAO reports to the Superintendent. Mr. Joseph,
who was appointed to the position of Superintendent on April 15, 2015, normally
interviews and makes the final determination regarding the selection of all principals. In
this case, the School Board will contract with three retired educators who have the
experience and qualifications to interview the candidates for the position of Principal of
Higgins High School and make a recommendation to the School Board. The School
Board must approve the recommendation. Finally, in accordance with La. R.S. 42:1112C,
the School Board will submit a disqualification plan to ensure that Mr. Joseph does not
participate in any transaction in which his wife has a substantial economic interest.

AN EQUAL OPPORTUNITY EMPLOYER

-----

The Board concluded, and instructed me to inform you, that the Code of Governmental
Ethics would not prohibit Faith Joseph from being transferred to the position of Principal
of Higgins High School while her husband is employed asthe Superintendent. La. R.S.
42:1119A prohibits a member of the immediate family of an agency head .from being
employed.in his agency. However, La. R.S.42:ll19C allows a public employee that has
been employed for at least one year prior to her immediate family member becomingthe
agency head to continue her employment and receive. normal promotional advancements.
Finally;La. R.S . .42:1119B(2)(a)(iii) requires any school board member or superintendent
whose immediate family member. is employed by the. school board to file a disclosure
statement with the Board of Ethics, within thirty days after the beginning of each school
year, stating the facts.of such employment. Since Ms. Joseph has been employed by the
School Board for twenty-six years, it would not present a violation of the Code if she is
transferred to the.position of Principal . ofHiggins High School while .her husband .is
employed as the Superintendent. Nevertheless, Mr. Joseph is required to file a disclosure
statement each year that his wife is employed by the School Board in any position.
The B.oard furtherinstructed me to inform you that La. R.S. 42:1112B(l) would prohibit
Isaac Joseph.from participating in a transaction with his governmental entity in which his
wife has a substantial economic interest. As such,La. R.S. 42:11 l2C would require Mr.
Joseph.to disqualify himself from participating in such transactions to avoid a violation of
Section 1112. A disqualification plan must be confeeted in accordance with La. R.S.
42:1112C and Chapter 14 of the Administrative Rules for the Board of Ethics. The
disqualification plan, which must be approved by the Board of Ethics, should completely
remove Mr. Joseph from any responsibility regarding his wife's promotion and/or
employment. A copy. of Chapter 14 of 'the Administrative Rules for the Board. of Ethics
is enclosed.
This advisory opinion is based solely on the facts as set forth herein. Changes to the facts
as presented may . result in a different application of the provisions of the code of
Governmental Ethics. The Board issues no opinion as to past conduct or as to laws. other
than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the
Lobbyist Disclosure Act, and conflict of interest provisions in the gaming laws. If you
have any questions, please contact me at (800) 842-6630 or (225) 219-5600.
Sincerely,

LOUISIANA BOARD OF ETHICS

\)~A /l'rrwn \--lrJ~ Lt~

Vivian Haley Williail1S
For the Board
Enclosure

L--/

STATE OF LOUISIANA
DEPARTMENT OF STATE CIVIL SERVICE

LOUISIANA BOARD OF ETHICS

P. 0. BOX 4368
BATON ROUGE, LA 70821
(225) 219-5600

FAX: (225) 381-7271

1-800-842-6630
www.ethics.state.la.us

November 24, 2015

Cedric Floyd
School Board President
Jefferson Parish Public School System
501 Manhattan Boulevard
Harvey, LA 70058-4495

Re:

Ethics Board Docket No. 2015-1007

Dear Mr. Floyd:

The Louisiana Board ofEthics, at its November 20, 2015 meeting, considered your request
for approval of a disqualification plan regarding the hiring of immediate family members of
Isaac Joseph, Superintendent of the Jefferson Parish Public School System. You stated that
the Jefferson Parish School Board adopted a disqualification plan at its September 2, 2015
meeting indicating that the Jefferson Parish School Board will contract with three retired
educators who have the experience and qualifications to interview and make a
recommendatfon to the Jefferson Parish School Board when an immediate family member
of Superintendent Isaac Joseph applies for a new position or other personnel related matters.
In connection with the hiring of immediate family members of Isaac Joseph, Superintendent
of the Jefferson Parish Public School System, you have submitted a disqualification plan on
behalf of the Jefferson Parish Public School System and Isaac Joseph. Under the proposed
plan, any potential violations of La. R.S. 42:1112 will be eliminated if immediate family
members of Superintendent Isaac Joseph have a personal matter pending before the school
board and meet an exception found in La. R.S. 42: 1119. Violations ofLa. R.S. 42: 1119 may
still occur if the Jefferson Parish School Board hires immediate family members of the
superintendent who do not meet the exception. The disqualification plan is limited to
immediate family members of Superintendent Isaac Joseph who are seeking employment in
the Jefferson Parish School System. The plan does not address immediate family members
who are already employed by the Jefferson Parish School Board.
;. ,: t :. .

C _~

~ ~ .. 1 >~;~y!) ,!.. ~;

The Board concluded, and instructed me to inform you, that the Board appro".es the
disqualification plan submitted on beh'alf'of the Jefferson Parish Public School System and
Isaac Joseph, by virtue of which the Jefferson Parish School Board will contract with three
retired educators who have the experience and qualifications to interview and make a
recommendation to the Jefferson Parish School Board when an immediate family member
of Superintendent Isaac Joseph applies for a new position or other personnel related matters.
,,~-~.:,..,i.. ;H

-~-;~ i.':':!_~J:

. I'

:.!;

! .. ;

,:

;_

AN EQUAL OPPORTUNITY EMPLOYER

-----

La. R.S. 42:1112B(l) provides that no public servant shall participate in a transaction
involving the governmental entity in which, to his actual knowledge, any member of his
immediate family has a substantial economic interest. La. R.S. 42:1112(C) allows a
disqualification plan to be developed in accordance with rules adopted by the Board to
remove a public servant from participating in transactions that would otherwise present
violations of Section 1112 of the Code.
This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as
presented may result in a different application of the provisions ofthe Code of Governmental
Ethics. The Board issues no opinion as to past conduct or as to laws other than the Code of
Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or
(225) 219-5600.
Sincerely,
LOUISIANA BOARD OF ETHICS

,;

;,,

I"

<.

~ ~.

0.

STATE OF LOUISIANA
DEPARTMENT OF STATE CIVIL SERVICE

LOUISIANA BOARD OF ETHICS

P. 0. BOX 4368
BATON ROUGE, LA 70821
(225) 219-5600
FAX: (225) 381-7271
1-800-842-6630
www.ethics.state.la.us

January 15, 2016

Cedric Floyd
School Board President
Jefferson Parish Public School System
501 Manhattan Boulevard
Harvey, LA 70058-4495

Re:

Ethics Board Docket No. 2015-1007

Dear Mr. Floyd:

The Louisiana Board of Ethics, at its January 15, 2016 meeting, considered your request
for approval of a disqualification plan regarding the employment of immediate family
members of Isaac Joseph, Superintendent of the Jefferson Parish Public School System,
within the Jefferson Parish Public School System. You provided information that Mr.
Joseph's daughter, Tiffany Rene Joseph, is employed as a teacher; Mr. Joseph's wife,
Faith Morris Joseph, is employed as a principal; and Mr. Joseph's sister-in-law, Donna
Joseph, is employed as the acting Chief of Human Resources. You stated that the
Jefferson Parish School Board adopted a disqualification plan at its September 2, 2015
meeting indicating that the Jefferson Parish School Board will contract with three retired
educators who have the experience and qualifications to interview and make
recommendations to the Jefferson Parish School Board regarding all personnel matters of
currently employed immediate family members of Superintendent Isaac Joseph and
immediate family members who apply for any position within the Jefferson Parish Public
School System.
In connection with the employment of immediate family members of Isaac Joseph,
Superintendent of the Jefferson Parish Public School System, you have submitted a
disqualification plan on behalf of the Jefferson Parish Public School System and Isaac
Joseph. Under the proposed plan, any potential violations of La. R.S. 42: 1112 will be
eliminated if immediate family members of Superintendent Isaac Joseph have a personnel
matter pending before the school board. Violations of La. R.S. 42: 1119 may still occur if
the Jefferson Parish School Board hires immediate family members of the superintendent
who do not meet an exception found within La. R.S. 42:1119 allowing their employment.
An advisory opinion should be sought if immediate family members of Isaac Joseph seek
employment within the Jefferson Parish Public School System.

-----

AN EQUAL OPPORTUNITY EMPLOYER

The Board concluded, and instructed me to inform you, that the Board approves the
disqualification plan submitted on behalf of the Jefferson Parish Public School System
and Isaac Joseph, by virtue of which the Jefferson Parish Scn,ool Board will contract with
three retired educators who have the experience and qualifications to interview and make
a recommendation to the Jefferson Parish School Board regarding personnel matters of
currently employed immediate family members of Superintendent Isaac Joseph and
immediate family members who have applied for any position within the Jefferson Parish
Public School System. La. R.S. 42:1112B(l) provides that no public servant shall
participate in a transaction involving the governmental entity in which, to his actual
knowledge, any member of his immediate family has a substantial economic interest. La.
R.S. 42:1112(C) allows a disqualification plan to be developed in accordance with rules
adopted by the Board to remove a public servant from participating in transactions that
would otherwise present violations of Section 1112 of the Code.
This advisory opinion is based solely on the facts as set forth herein. Changes to the facts
as presented may result in a different application of the provisions of the Code of
Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other
than the Code of Governmental Ethics. If you have any questions, please contact me at
(800) 842-6630 or (225) 219-5600.
Sincerely,
LOUISIANA BOARD OF ETHICS

~.~.~
fonrerT:La
For the Board

Page 1

Lexis Nexis
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF LOUISIANA

OPINION No. 97-93

La. Atty. Gen. Op. No. 1997-93; 1997 La. AG LEXIS 160
May 5, 1997

SYLLABUS:
[*1]

OPINION 97-93
100-SCHOOLS AND SCHOOL DISTRICTS - TEACHERS, PRINCIPALS, SUPERINTENDENT, SABBATICAL LEAVE, EXTRA CURRICULAR ACTIVITIES, STUDENTS
LSA-R.S. 17:444; LSA-R.S. 17:444(B)(4)(c)(iv); LSA-R.S. 17:444(B)(4)(a)(i)

1) Provided it was clear to all parties involved that the "Acting Principal" positions were to be "temporary" until the
Justice Department made a decision concerning the mandated consolidation, the one-year contracts appear to be valid.
2) Unless one of the situations as specified in LSA-RS. 17:444(B)(4)(c)(iv) occurs, the School Board shall negotiate
and offer a new contract to the current principals at the expiration of their existing contracts.

REQUESTBY:
Honorable David P. Doughty
Assistant District Attorney
P.O. Box 857
Rayville, LA 71269

OPINIONBY:
RICHARD P. IEYOUB, ATTORNEY GENERAL; BETH CONRAD LANGSTON, ASSISTANT ATTORNEY GENERAL
OPINION:
I am in receipt of your request for an Attorney General's Opinion on behalfofthe Franklin Parish School Board
concerning the legality of some of the Board's contracts with the principals of the schools within their District.
You have stated that the Franklin Parish School Board has been under the cloud of a Justice Department [*2] mandated consolidation. You state that in the last few years they have not known exactly what schools would be open. As a
result, they had one-year contracts with several principals as they did not know whether these positions would be available in the future. Although some of the positions will still be in existence, the principals were hired as "acting principals" for a one-year term.
You state that at least one principal position is being eliminated. According to the School Board, the intent was for these
positions to be temporary until the consolidation issue with the Justice Department was cleared up. You have indicated
that there has been a consent decree entered into between the school board and the justice department where there will
now be three high schools.

------

You state that the School Board would like the following questions addressed:

1) The validity of the one-year contracts in light of LSA-R.S. 17:444 and more specifically, whether or
not these positions will be considered to be "temporary" as an exception to the two-year contract.
2) Whether or not the mandatory offer ofany contract requirement of LSA-R.S. 17:444(B)(4)(c)(iv) is
applicable?

You have [*3] indicated that at least one principal position is going to be eliminated. If this occurs, it appears that a
reduction in force may be necessary. If so, there are several federal cases dealing with reductions that must be reviewed
and followed. Also, ifthe Franklin Parish School Board has a reduction in staff personnel policy, then the policy must
be reviewed and followed as well.
In your first question, you reference LSA-R.S. 17:444 B(4)(a)(i) which states the following:

The employment provided for in this Section shall be for a term of not less than two years, except when
such employment is for a temporary position, nor more than four years, and said term shall be specified
in a written contract, which shall contain performance objectives.

You inquire about the validity of the one-year contracts in light of this section of the statute and specifically ask whether
these positions will be considered to be "temporary" as an exception to the two-year contract. LSA-R.S. 17:444 does not
define what a temporary position is, but it is defined in Black's Law Dictionary as:

That which is to last for a limited time only, as distinguished from that which is perpetual, or [*4] indefinite, in its duration. Opposite of permanent...

Provided it was clear to all parties involved that these positions were temporary until the Justice Department made a
decision concerning the mandated consolidation, the one-year contracts appear to be valid.
In response to your second question, LSA-R.S. 17:444(B)(4)(c)(iv) applies in situations where positions are discontinued
because they are only temporary positions. This sub-section states:

The board shall negotiate and offer a new contract at the expiration of each existing contract unless the
superintendent recommends against a new contract based on an evaluation of the contract as provided for
in R.S. 17:391.5, or unless failure to offer a new contract is based on a cause sufficient to support a
mid-contract termination as provided in Item (iii) of this Subparagraph, or unless the position has been
discontinued, or unless the position has been eliminated as a result of district reorganization, provided
that should the position be recreated, the employee, if still employed by the board, shall have first right of
refusal to the recreated position.

Therefore, unless one of the situations as specified in LSA-R.S. [*5] 17:444(B)(4)(c)(iv) occurs, the School Board
shall negotiate and offer a new contract at the expiration of each existing contract. Even if the language in the principals'
contracts states that their jobs are only temporary, unless one of the positions as set forth in LSA-R.S.
17:444(B)(4)(c)(iv) occurs the Board shall negotiate and offer a new contract to the current principal. Additionally, if
comparable positions are still available after the consolidation, these "acting principals" cannot be replaced with new
permanent principals at the end of their one year due to the fact they were considered to be temporary positions while
the consolidation issue was pending.

Concerning the position that is being eliminated, the School Board must provide that ifthe position is recreated, the
employee, if still employed, shall have the right of first refusal to the position. However, during the interim, the principal would need to be transferred to an open position if possible.
In Rousselle v. Plaquemines Parish School Board, 633 So.2d 1235 (La. 1994), the Louisiana Supreme Court reviewed a
situation where the School Board decided not to renew a principal's contract even though they [*6] had no justified
cause for the nonrenewal. The Supreme Court held that the School Board could not arbitrarily decide not to renew a
contract. The Court set forth the conditions under which school boards may fail to offer new contracts relative to promotional employment contracts. [(See LSA-R.S. 17:444(B)(4)(c)(iv)]. The Court noted that the statute exhibits its reaffirmance of strong public policy of protecting teacher tenure. The Court held that the legislation prevents school boards
from arbitrarily deciding not to renew contracts of good teachers under a promotional contract who have received positive annual evaluations and recommendations.
I hope this opinion sufficiently addresses your concerns. If I can be of further assistance, please let me know.

Legal Topics:
For related research and practice materials, see the following legal topics:
Labor & Employment LawWrongful TerminationBreach ofContractEmployer HandbooksLabor & Employment LawWrongful TerminationBreach of ContractExpress ContractsLabor & Employment LawWrongful TerminationBreach of
ContractF ormation