| Request for an advisory opinion as to whether the post-employment statutes apply to the Hall family members, who seek to resign from their current unpaid officer positions at PIE-LA and become unpaid officers of various other non-profits, contract with PIE-LA, subcontract with 9 Dot Education Solutions, and contract with 9 Dot Solutions. |
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Various members of the Hall family serve as officers of Pathways in Education-Louisiana, hereinafter referred to as "PIE-LA", which operates a charter school in Caddo Parish. The Hall family officers do not receive any compensation for their services to PIE-LA. The Hall family officers intend to resign their positions and become unpaid officers of several other non profit organizations, namely Pathways Management Group, Blackbird Farms, Rocky Mountain Pathways, Pathways in Education, and Prep for Success, hereinafter referred to as the "new nonprofits". Also, it is contemplated that the new non profits will enter into contracts with PIE-LA.
The Hall family owns a for profit company, 9 Dot Education Solutions, which supplies office support to charter schools in other states. The Halls do not receive a salary from 9 Dot Education Solutions, but share in the profits of the corporation. It is contemplated that Pathways Management Group, one of the new non profits will enter into a contract with PIE-LA and then subcontract with 9 Dot Education Solutions.
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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. 42:1121B(1): 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 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.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1121D prohibits a former public servant from sharing in any compensation received by another person for assistance which such former public servant is prohibited from rendering by Section 1121.
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Allow the withdrawal of the advisory opinion request.
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| Assigned Attorney: |
Tracy Barker |
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