Tebbe v. COM'N ON ETHICS FOR PUBLIC EMP.

540 So. 2d 270, 1989 WL 22400
CourtSupreme Court of Louisiana
DecidedMarch 13, 1989
Docket88-C-1585
StatusPublished
Cited by6 cases

This text of 540 So. 2d 270 (Tebbe v. COM'N ON ETHICS FOR PUBLIC EMP.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tebbe v. COM'N ON ETHICS FOR PUBLIC EMP., 540 So. 2d 270, 1989 WL 22400 (La. 1989).

Opinion

540 So.2d 270 (1989)

Thomas TEBBE
v.
LOUISIANA COMMISSION ON ETHICS FOR PUBLIC EMPLOYEES.

No. 88-C-1585.

Supreme Court of Louisiana.

March 13, 1989.

*271 Dan M. Scheuermann, Metairie for applicant.

R. Gray Sexton, Baton Rouge, Peter G. Wright, Maris E. LeBlanc, Port Allen, for respondent.

LEMMON, Justice.

The issue in this case is whether plaintiff violated specified provisions of the Code of Governmental Ethics while he was serving as the director of a state vocational-technical school.[1]

The Louisiana Commission on Ethics for Public Employees, after receiving and investigating complaints pertaining to plaintiff's conduct, issued a formal letter of charges accusing plaintiff of violating La. R.S. 42:1112 A and 1116 of the Code of Governmental Ethics, which provide:

"No public servant, except as provided in R.S. 42:1120, shall participate 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."[2]

La.R.S. 42:1112 A.

"No public servant shall use the authority of his office or position, directly or indirectly, in a matter 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. This Section shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying out official duties."

La.R.S. 42:1116.

The Commission conducted a public hearing on the charges, at which evidence was presented. After the hearing the Commission made the following findings of fact:

"At all pertinent times hereto through January, 1985, Thomas W. Tebbe was employed as Assistant Director of the West Jefferson Parish Vocational-Technical School (the `School').
"In January, 1985, Mr. Tebbe was appointed Acting Director of the School by the Louisiana Board of Elementary and Secondary Education (the `BESE Board'), which has general supervision over all vocational-technical schools in the State.
"In July, 1985, Mr. Tebbe was appointed permanent Director of the School by the BESE Board, subject to the condition that he complete and obtain his Master's Degree by the Fall of 1985.
"The holding of a Master's Degree is a requirement for a person's certification as the director of a Louisiana vocational-technical school.
"In September, 1984, Ms. Charlotte Steger was a `Special Needs Instructor' at the School.
"After Mr. Tebbe's promotion to Director of the School, Ms. Steger was promoted to the position of Assistant Director at the School.

"Commencing in September, 1984, Ms. Steger substantially assisted Mr. Tebbe by typing and editing assignments required for the Master's Degree he was pursuing at Holy Cross College in New Orleans. This work included typing three or four papers in addition to typing a rough or preliminary draft of a sixty-nine page master's thesis. She spent a total of approximately 300 hours, from *272 September, 1984 through September, 1985, providing this assistance to Mr. Tebbe, over half of which was performed by her at Mr. Tebbe's direction during school hours. She also used school equipment and supplies.

"Mr. Tebbe offered to pay Ms. Steger for performing this work, but she declined to accept any compensation for performing the services.
"On several occasions prior to her promotion to Assistant Director, Ms. Steger was removed by Mr. Tebbe from classes that she was teaching in order that she could perform this work. When this happened, her classes were left unsupervised with assignments or directions.
"During the period of time that she was providing this assistance to Mr. Tebbe, Ms. Steger suggested to him that he find some other person who could perform this work for him, and specifically suggested to him that his wife, who also was employed at the School, do this work. Mr. Tebbe dismissed her suggestion that his wife perform the typing for the reason that she was not familiar with the required style.
"Although she was a proficient typist and regularly did typing incidental to her own responsibilities, Ms. Steger's regular duties did not include performing typing at the School; other school employees were employed for the specific purpose of performing typing duties on a regular basis.
"Because she had a Master's Degree in English and was acknowledged at the School as possessing superior writing ability, Ms. Steger, from time to time, reviewed or proofread items such as tests and brochures for other members of the School's staff during the course of her job; she never provided assistance, such as the above-described work she provided to Mr. Tebbe, to any other employee at the School.
"Providing the assistance to Mr. Tebbe in connection with his Master's Degree was not within the scope of her duties as an employee of the School.
"Mr. Tebbe benefited from Ms. Steger performing this work at the School during working hours because it allowed him to supervise and monitor the work in progress, as well as to be immediately available to answer questions or provide other assistance, during his regular working hours at the School.
"After having typed the rough draft of his master's thesis, Ms. Steger told Mr. Tebbe to find someone else to prepare its final draft because she did not have the time to do the work and was not experienced with using the memory typewriter on which it was to be prepared.
"The final draft of Mr. Tebbe's master's thesis was typed at the School on school time, using school equipment and supplies, by Ms. Donna Valois, who was employed at the School as Mr. Tebbe's secretary. She agreed to perform this work on a compensated basis and was, in fact, paid for doing this typing by Mr. Tebbe. He had an understanding with her that she would make up any time the project took away from her normal duties. She spent approximately 15 to 18 hours over a period of four days working on the project.
"Ms. Steger complained to her co-workers about the work she was performing for Mr. Tebbe because it placed demands on her personal time during off hours and on Saturdays.
"Because of the assistance she was providing to Mr. Tebbe during working hours, Ms. Steger completed some of her normal School duties at home.
"Ms. Steger originally assisted Mr. Tebbe in response to his solicitation for assistance and was initially unaware of the magnitude of assistance she would eventually be requested to provide. Ms. Steger did not refuse to assist Mr. Tebbe because she feared her refusal to do the work would jeopardize her working relationship with Mr. Tebbe and because she viewed her job duties as including the performance of work assignments made to her by the Assistant Director, her supervisor. However, she was of the opinion that providing this assistance was not a part of her official duties, and viewed the work as a favor.
*273 "In connection with the work on his master's degree during the summer of 1985, Mr. Tebbe requested and obtained permission from Mr.

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540 So. 2d 270, 1989 WL 22400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tebbe-v-comn-on-ethics-for-public-emp-la-1989.