Meetings
 
Agenda Item
Docket No. 19-761
 
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RE:
An advisory opinion request, submitted by Irma Trosclair, regarding whether the Code would prohibit Lafayette Parish School System employees from contracting with vendors who have current contracts with the school system.
Facts:
Employees of the Lafayette Parish School System have been asked by vendors to contract with them during the summer months to provide professional development services to the Lafayette Parish School System. The employees being asked to provide these services range in positions from school level to central office staff, with the number of contracted days of their employment ranging from 180 to 244. The vendors in question currently have contracts with the school system and the employees did not participate in the decision-making process to award these contracts.
Law:
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by 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 obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.

La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

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.









Recommendations:
Decline to render.
Assigned Attorney: Matthew DeVille
 
 
ATTACHMENTS:
Description:
2019-761 Advisory Opinion Draft.v5 (2)
2019-761 Request for Opinion