Meetings
 
Agenda Item
Docket No. 12-2160
 
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RE:
Advisory opinion regarding whether Gregory St. Etienne may resign from the Board of Directors of FirstLine Schools, Inc., and accept employment with a nonprofit, and provide services to FirstLine Schools, Inc., through the nonprofit.
Facts:
FirstLine Schools, Inc. is a nonprofit corporation that is operating five charter schools in Orleans Parish: Arthur Ashe, Samuel Green, Langston Hughes, Dilbert, and Clarke High School. The charter contract requires FirstLine Schools, Inc. to comply with the Ethics Code.

Gregory St. Etienne is a member of the FirstLine Schools, Inc. Board of Directors.

Mr. St. Etienne would like to resign from the board of directors and accept employment with a private, nonprofit foundation. This foundation would pay Mr. Etienne salary and benefits. The foundation would lend Mr. St. Etienne's services to FirstLine Schools, Inc. and work under the direction of the CEO. However, the CEO would not have the authority to hire or fire Mr. St. Etienne. FirstLine Schools would not pay any compensation or remuneration to the Mr. St. Etienne or the foundation.

Law:
La. R.S. 42:1121A(1) prohibits a former agency head, 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, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving his former agency or rendering any service on a contractual basis to or for such agency.

La. R.S. 42:1121B prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee 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. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-2160 (2) Draft Opinion
2012-2160- Advisory Opinion Request