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2023-076
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STATE OF LOUISIANA <br /> ON LOljl�l DEPARTMENT OF STATE CIVIL SERVICE <br /> LOUISIANA BOARD OF ETHICS <br /> v P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> �OnrioeNc� (225)219-5600 <br /> '••..o..•' FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.1a.gov <br /> May 10, 2023 <br /> Benjamin Franklin High School <br /> Attn: Donald Jackson, Operations Assistant Principal <br /> 2001 Leon C. Simon Drive <br /> New Orleans, Louisiana 70122-3524 <br /> Re: Docket No. 2023-076 <br /> Advisory Opinion <br /> Dear Mr. Jackson: <br /> The Louisiana Board of Ethics, at its May 5, 2023 meeting, considered your advisory opinion <br /> request, on behalf of Benjamin Franklin High School (the "School") as to whether the Code of <br /> Governmental Ethics ("Code") would prohibit assistant coaches from receiving compensation for <br /> coaching students in private leagues during out of season periods. <br /> FACTS PROVIDED <br /> The School employs several assistant volleyball coaches (the "Assistant Coaches") during the <br /> volleyball season. The Assistant Coaches are part-time employees. The Assistant Coaches are not <br /> considered employees during the summer or during portions of the school year in which volleyball <br /> season is not ongoing (collectively,the "Out of Season Period"). <br /> The Assistant Coaches also are employed by a private volleyball club (the "Club").Nine students <br /> of the School play for the Club during the Out of Season Period. <br /> You would like to know whether the Assistant Coaches are permitted to receive compensation <br /> from the Club for teaching students of the School during the Out of Season Period. <br /> LAW <br /> La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value <br /> for any service, the subject matter of which is devoted substantially to the responsibilities, <br /> programs, or operations of the agency of the public servant and in which the public servant has <br /> participated. <br /> La.R.S.42:1102(18)(a) defines"public employee"to mean any person,whether compensated or <br /> not who is: (i) an administrative officer or official of a governmental entity who is not filling an <br /> elective office; (ii) appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> Page 1 of 2 (BD 2023-076) <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />