| Advisory opinion request regarding whether Louis Cannon, a former member of the Louisiana Commission for the Deaf, can participate in the Commission's iPad Program. |
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As part of the Program, the Commission, created within the Department of Health and Hospitals pursuant to La. R.S. 46:2351, will distribute 120 devices to Louisiana residents with specific documented disabilities. The Commission has allotted fifteen devices to be distributed in each of the eight regions, five devices per region with software applications specific to each disability group - deafness, hearing impairment, and speech impairment. The Commission's staff will approve applicants on a first-come, first-serve basis based on a documented disability of deafness, hearing impairment, or speech impairment; Louisiana residency; regional availability; and lack of access to another wireless device, such as a smartphone.
The equipment is loaned to the Program participant for three years, but remains the property of the State of Louisiana. To be considered for receipt of a device under the Program, the applicant must agree to abide by the Terms & Conditions of the Program, as evidenced by his signature at the end of the Program application. The responsibilities of the Program participant regarding use and maintenance of the equipment, as well as the grounds for confiscation of the equipment and expulsion from the Program are set forth in the Terms & Conditions.
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According to Naomi DeDual, Director for the Louisiana Commission for the Deaf (Commission), Mr. Cannon resides in East Baton Rouge Parish and self-identifies as deaf. While all of the iPads with software applications specifically for deafness have been issued, some of the hearing impairment iPads are still available and the software applications for deafness and hearing impairment are similar.
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La. R.S. 42:1121A(2) prohibits a former member of a board or commission, for a period of two years following the termination of his public service on such board or commission, from contracting with, being employed in any capacity by, or being appointed to any position by that board or commission.
La. C.C. art. 1906 provides that a contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished.
La. C.C. art. 1756 provides that an obligation is a legal relationship whereby a person is bound to render a performance in favor of another. Performance may consist of giving, doing, or not doing something.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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