Meetings
 
Agenda Item
Docket No. 13-987
 
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RE:
Advisory opinion request regarding whether the Calcasieu Parish School Board may do business with H & H Chemical Company at a time when Jerry Carlile, the spouse of an employee of the Calcasieu Parish School Board, is employed with the company.
Facts:
H & H Chemical Company supplies various products to the Calcasieu Parish School Board. Peggy Carlile is employed as the secretary of the Superintendent of Calcasieu Parish School Board, which is not a position with decision-making authority. Peggy Carlile's spouse, Jerry Carlile, has an opportunity to accept part-time employment with H & H Chemical Company. Mr. Carlile would be a salaried employee in a non-managerial position with H & H Chemical Company. His salary, wages and other employment related benefits will be substantially unaffected by the relationship between H & H Chemical Company and the Calcasieu Parish School Board. Mr. Carlile does not own an interest in H & H Chemical Company, will not be an officer, director, trustee or partner in the company, and will not participate in transactions involving the Calcasieu Parish School Board.
Law:
Section 1111C(2)(d) of the Code prohibits a public servant or his spouse from receiving any thing of economic value from a person that has a contractual or other business or financial relationship with the public servant's agency or that may be supervised under the agency of the public servant.

BD 82-02D allows a public servant to maintain her employment, which is otherwise prohibited by Section 1111C(2)(d), if the following conditions are met: (1) the employee is a salaried or wage-earning employee; (2) the employee's salary is substantially unaffected by the contractual relationship; (3) the employee owns less than a "controlling interest" in the company; and (4) the employee is neither an officer, director, trustee, nor partner in the company.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Jennifer Land
 
 
ATTACHMENTS:
Description:
2013-987 Draft Advisory Opinion (3)
2013-987- Advisory Opinion Request