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Agenda Item
Docket No. 19-1009
 
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RE:
Advisory Opinion submitted by the Lafayette Parish School System regarding whether a school system employee may contract with a vendor who has a contract with the school system.
Facts:
Stephanie Reiners is the Curriculum Administrator for the Lafayette Parish School System (LPSS). Her duties include grant management, support for curriculums and master teachers, and tutoring programs. She has been asked by Teaching Lab, a vendor of LPSS, to provide professional development services to school districts. Teaching Lab provides professional development guidebooks training to LPSS and has offered Ms. Reiners an independent contractor agreement to provide school leadership curriculum training. This agreement would provide compensation for preparation and presenting training, which would take place after LPSS work hours or on weekends or vacation time. Ms. Reiners did not participate in the decision-making process when LPSS awarded the contract to Teaching Lab
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. 42:1115A(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:
Adopt the proposed opinion.
Assigned Attorney: Matthew DeVille
 
 
ATTACHMENTS:
Description:
2019-1009 Request for Advisory Opn
2019-1009 Advisory Opinion Draft.v4