| Appearance regarding an advisory opinion as to whether Kira-Orange Jones may continue to be the Executive Director for Teach for America-Greater New Orleans while she serves as a member of the BESE Board. |
|
Kira-Orange Jones is a member of the BESE Board. Ms. Jones is also employed by Teach for America, Inc. (TFA) as the executive director of Teach for America-Greater New Orleans.
TFA has a contract with Louisiana Department of Education and with the Recovery School District. These contracts exceeds $50,000. Pursuant to these contracts, TFA is to recruit qualified teachers and to present them to the various schools and districts as candidates for employment. Although BESE is not technically a party to these contracts, these contracts are signed by BESE indicating its approval of the expenditure of funds appropriated or allocated for the elementary and secondary schools in the state. Any contracts over $50,000, require BESE approval. It appears that without such approval, the Department of Education would not be able to enter into such contracts.
La. Const. Art. VIII Sec. 2. 3(A) and La. R.S. 17:1(A) created BESE as a body corporate separate and distinct from the Department of Education. BESE's role is to control and supervise elementary and secondary public education in Louisiana, that is to make policy that is to be implemented by the department as administered by the Superintendent of Education.
|
|
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
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.
Ethics Board Docket No. 82-02D provides an exception to Section 1111C(2)(d) of the Code when certain factors are met: (1) the employee must be a salaried or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the contractual relationship; (3) the public servant must own less than a "controlling interest" in the company; and (4) the public servant must be neither an officer, director, trustee, nor partner in the company.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|