| Advisory Opinion request by Willie Zanders on behalf of Robert Russa Moton Charter School in New Orleans regarding a potential contract with The People's Institute for Survival and Beyond. |
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The People's Institute for Survival and Beyond ("Institute") is a private organization that conducts "Undoing Racism" workshops. The Institute is interested in contracting with Robert Russa Moton Charter School ("Moton Charter School") to conduct the workshops which would help the school's faculty and staff become more effective in working with students, co-workers, parents, and groups. The contract would not exceed a cost of $15,000.
Ms. Barbara Crain-Major currently serves as an appointed member of the Board of Directors for Moton Charter School. Ms. Crain-Major is also employed by the Institute as a trainer. She has no ownership interest in the Institute and would not be involved in the approval of the contract. Ms. Crain-Major would not be involved in conducting the workshop and would not receiving any compensation from the Institute for the workshop conducted at Moton Charter School.
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La. R.S. 42:1113B provides that no appointed member of any board or commission or legal entity in which she has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1111C(2)(d) prohibits a public servant from receiving anything of economic value for services provided to a person who has, or is seeking to obtain, a contractual, business, or financial relationship with the public servant's agency.
La. R.S. 42:1112B(3) prohibits a public servant from participating in a governmental transaction in which any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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