| Advisory opinion request regarding whether the Lacombe Recreation Boosters, L.L.C. (Boosters), a non-profit organization, may enter into a Memorandum of Understanding to continue to operate the concessions stand at the facilities of the St. Tammany Parish Recreation District No. 4 (District Board) if a current or former board member or public employee of the District serves on the Board of Directors of Boosters. |
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Paul Leary served as an appointed member of the District Board until his term expired. While serving on the District Board, he served as a member of Boosters receiving no compensation. Boosters raised funds by its operation of concession stands for the District, for which Boosters received no compensation. All of the labor is provided by Boosters at no cost to the District. It pays for the cost of goods and retains the gross receipts. Boosters uses its funds to provide scholarships for needy families who cannot afford to pay the cost for programs undertaken by the District. The Memorandum of Understanding entered into on behalf of Boosters with the District would be signed by a person designated by the Board of Boosters; however, this person would not be Paul Leary.
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La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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