| Advisory opinion as to whether Brian Adams may continue to be the Director of District and School Partnerships for the South Louisiana Region for Teach for America, Inc., if he is elected to the East Baton Rouge Parish School Board in the October 2017 election. |
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Brian Adams is a candidate for the East Baton Rouge Parish School Board in the October 2017 election. Mr. Adams is currently employed with Teach For America, Inc. (TFA). Mr. Adams is employed as the Director of District and School Partnerships for the South Louisiana Region. East Baton Rouge Parish School Board is one of five districts along with various charter schools that have contracts with TFA. Mr. Adams presents employment candidates to the districts and charter schools. If elected, he will no longer interact with or be a party to any decisions regarding TFA and the East Baton Rouge Parish Schools.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
Ethics Board Docket No. 82-02D provides an exception to Section 1111C(2)(d) of the Code when certain factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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