| Request for clarification of prior advisory opinions rendered in BD Nos. 2016-890 and 2016-770, in regard to St. Tammany Parish Recreation District Number 4 (District). |
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Jacki Schneider, the Chairman of the District, requested clarification of prior advisory opinions rendered in BD Nos. 2016-890 and 2016-770, in regard to the District. Chairman Schneider's question is: if the post employment restrictions found in the Code of Ethics would prohibit former member Paul Leary from contracting with his former agency, the District, how can the Lacombe Booster Club (Boosters) of which Mr. Leary is the founder and President be allowed to contract with the District. She stated that Mr. Leary's term on the District Board ended in May 2016.
Chairman Schneider provided that Mr. Leary started a non-profit organization, the Boosters. Mr. Leary set up the Boosters as a 501c(3) corporation. The Boosters were established to provide athletic scholarships. There is currently no contractual or business relationship between the Boosters and the District. It was discussed in BD No. 2016-770 that Paul Leary serves as a member of the Boosters and receives no compensation. The Boosters raised funds by operating the concession stands for the District, for which the Boosters received no compensation. All of the labor is provided by the Boosters at no cost to the District. It pays for the cost of goods and retains the gross receipts.
In BD 2016-890, the Board rendered an opinion finding that there are no provisions in the Code of Ethics that would prohibit the District from accepting donations from the Boosters or Mr. and Mrs. Leary. In BD 2016-770, the Board rendered an opinion finding that there are no provisions in the Code of Ethics that would prohibit the Boosters from entering into a Memorandum of Understanding to perform concession services for the District. Further, the Board concluded that the Memorandum of Understanding would not be prohibited because Mr. Leary would not be contracting to perform services for his former agency or becoming employed by his former agency.
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On October 20, 2016, the Board rendered two separate Advisory Opinions, 2016-890 and 2016-770, in regard to St. Tammany Parish Recreation District Number 4.
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La. R.S. 42:1121C provides that no legal entity in which the former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt draft advisory opinion 2016-890 (2).
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| Assigned Attorney: |
Suzanne Mooney |
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