| Advisory opinion request submitted on behalf of the Lafayette Charter Foundation (LCF) regarding employment limitations for current and prospective LCF board members. |
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The Lafayette Charter Foundation (LCF) is a Louisiana non-profit corporation that has charter contracts with the Louisiana Department of Education to operate two Type 2 charter schools located in Lafayette Parish. The LCF Board of Directors is comprised of volunteer board members who receive no compensation except for reimbursement of occasional out-of-pocket expenses. LCF has contracted with the for-profit Charter Schools USA (CSUSA) to provide the educational management services for both schools in compliance with Louisiana Department of Education Bulletin 126. The LCF Board is responsible for supervision of the CSUSA contracted services along with direct contracts with third-party vendors for transportation, food services, etc. The faculty and staff of both schools are employed and administered by CSUSA rather than LCF. The LCF board chair, Dr. Mary Louella Riggs-Cook, one present board member, Nancy Gomez, and at least one prospective board member, Kim Vavasseur, are certified educators.
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La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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.
La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
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Adopt the proposed opinion.
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| Assigned Attorney: |
Matthew DeVille |
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