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Last modified
7/12/2021 2:18:14 PM
Creation date
5/29/2013 10:16:28 AM
Metadata
2013-476
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2013-476
Requesting Party
Leslie Ellison
Vice President, Orleans Parish School Board
Parties Involved
Ellison Builders LLC
Recovery School District
Phyllis Wheatley
Eleanor McCain High School
Gibbs Construction LLC
Jacobs-CSRS
Orleans Parish School Board
Agency at Issue
Orleans Parish School Board
Decision Date
5/17/2013
Law
1113
1112
1114
1120
Caption
Ms. Leslie Ellison, Vice President of the Orleans Parish School Board, requested an advisory opinion regarding Ellison Builders, LLC which is a company owned by Ms. Ellison's brother, may enter into a subcontract with the Orleans Parish School Board.
Ethics Subject Matters
Participation
Disclosure - Other
Prohibited Contracts
Recusal
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Ms. Leslie Ellison <br /> May 23, 2013 <br /> Ethics Board Docket No. 2013-476 <br /> Page 3 <br /> however,that recusal will not cure any violation of Section 1113A of the Code of Ethics. Section 1120 of <br /> the Code is only a method to cure a violation concerning a potential violation of Section 1112 of Code. <br /> Disclosure and Section 1114 <br /> The Board concluded and instructed me to inform you that disclosure is not required if your brother's <br /> company were to enter into a subcontract which involved the RSD,nor is disclosure applicable as it pertains <br /> to the McCain Project and the OPSB.Section 1114 of the Code requires a public servant or a member of her <br /> immediate family, who derives a thing of economic value,directly,through any transaction, involving the <br /> agency of such public servant or who derives a thing of economic value through a person which has bid on <br /> or entered into or is in any way financially interested in any contract,subcontract,or any other transaction <br /> under the supervision or jurisdiction of the agency of such public shall file a disclosure statement with the <br /> Board of Ethics stating: 1.)the amount of income derived, 2.)the nature of the business activity, 3.) name <br /> and address,and relationship to the public servant,and 4.)the name and business address of the legal entity. <br /> Had Ellison Builders entered into a subcontract under the jurisdiction of the OPSB prior to your election to <br /> the OPSB then your brother(as a member of your immediate family)would have to file a disclosure under <br /> Section 1 114 since he would be receiving a thing of economic value through a person(i.e. Ellison Builders) <br /> who had entered into a subcontract under the jurisdiction of your agency. However, since Ellison Builders <br /> did not enter into the subcontract prior to your election to the OPSB then disclosure under Section 1 1 14 will <br /> not provide a mechanism to now enter into such a transaction in violation of Section II 13A as discussed <br /> above. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented may <br /> result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to <br /> past conduct or laws other than Code of Governmental Ethics. If you have any questions,please contact me <br /> at(225)219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Brent E. Durham <br /> For the Board <br />
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