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• Ethics Board Docket No. 2006 -367 <br /> Page 2 of 3 <br /> since it is planning on submitting an application for a charter school to the RSD. <br /> 2. Would I be eligible for a leave of absence pursuant to La. R.S. 17:3997(A) if a school eligible for <br /> takeover in the RSD is transferred to a non - profit? Clarification: Prescott Middle School is eligible <br /> for takeover by the RSD. Once a non -profit entity submits an application and the application is <br /> approved, I would request a leave from my position as the assistant director of the RSD. In essence, <br /> since I am an employee of the prior system, the RSD, would I meet the criteria as described in La. <br /> R.S. 3997(A). <br /> A. Section 1111 C(2)(d) of the Code of Governmental Ethics prohibits a public employee from <br /> receiving anything of economic value from a person who has or is seeking to have a contractual, <br /> business or other financial relationship with the public servant's agency. Therefore, you would be <br /> prohibited from working for a non - profit organization that is planning on submitting an application <br /> for a charter school to the RSD. The Board issues no opinion as to laws other than the Code of <br /> Governmental Ethics. <br /> 3. If I terminate my employment with the LDE prior to the date that an application is submitted to <br /> • the LDE by a non - profit provider, would I be eligible to work as the director or chief academic <br /> officer? <br /> A. The Code of Governmental Ethics would not prohibit you from accepting employment with <br /> Home Bound Monitoring Pretrial and Diversion Program for Youth if you terminate your position <br /> with the RSD prior to Home Bound Monitoring Pretrial and Diversion Program for Youth submitting <br /> an application. Section 1121 of the Code prohibits a public employee, for a period of two years after <br /> the termination of his public service, from assisting a person, for compensation, in a transaction in <br /> which that former public employee participated at any time during his public employment and <br /> involving the governmental entity by which he was formerly employed. If Home Bound Monitoring <br /> Pretrial and Diversion Program for Youth has not submitted an application to the RSD and will not <br /> submit any application until you terminate your employment with the RSD, you would not be <br /> assisting in a transaction in which you have participated at any time during your public employment <br /> and therefore you would not be prohibited from being employed with Home Bound Monitoring <br /> Pretrial and Diversion Program for Youth as the director of the proposed charter school. <br /> 4. In the event that I do not wish to work for Home Bound Monitoring Pretrial and Diversion <br /> Program for Youth would I be able to establish a non -profit corporation and submit an application <br /> for a Type 5 charter school? <br /> A. Section 1113 of the Code of Governmental Ethics prohibits a pubic servant, or a legal entity in <br /> • which the public servant owns a controlling interest, from entering into transactions under the <br /> supervision or jurisdiction of the public servant's agency. Therefore, you would be prohibited while <br />