Meetings
 
Agenda Item
Docket No. 13-705
 
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RE:
Request for an advisory opinion from Ms. Janice Simmons concerning the propriety of Grambling State University (GSU) receiving an erroneously awarded grant, and assisting in administering the grant as a pass through on behalf of the intended grant recipient, the Greater North Louisiana Community Development Corporation (GNLCDC).
Facts:
GNLCDC is a private, non profit corporation located in Jonesboro, Louisiana.On September 25, 2010, GNLCDC was notified of a $300,000 grant award by the U.S. Small Business Administration (SBA). Shortly thereafter GSU was advised that the SBA had awarded it the same grant in the amount of $300,000 for GNLCDC. GSU never applied for the grant funds nor was it aware of the existence of the award of the funds until the error was brought to the attention of the SBA by Janice Simmons, Executive Director of GNLCDC. GNLCDC has applied for the grant as it had done on two previous grant cycles where the funding had been awarded directly to GNLCDC, however, on this occasion the funds were inexplicably awarded to GSU.
Co-founder and Board Chairman of the GNLCDC is Dr. Herbert Simmons Jr. Dr. Simmons is also a full-time, tenured Assistant Professor at GSU and has been employed by GSU for over fifteen years. Janice Simmons, co-founder of GNLCDC, and spouse of Dr. Simmons has served as Executive Director of GNLCDC since its inception in 2000. Dr.Simmons receives no compensation as volunteer Board Chairman while Janice Simmons serves as a paid Executive Director of the organization. In no way will Dr. Simmons, as an employee of GSU, participate in the disbursement or the administration of funds to the GNLCDC from GSU.
The SBA and GSU are aware that the funds were mistakenly awarded to Grambling on behalf of the GNLCDC, and that the funds were never intended for GSU. Once the mistake was discovered the SBA requested that the funds be accepted by GSU as a pass through on behalf of GNLCDC since the organizations have worked collaboratively on various community projects in the past. It has been difficult figuring out how or where the mistake occurred, but the grant was awarded in 2010, therefore it is scheduled to expire in September 2013.

Law:
Section 1112 of the Code of Ethics prohibits a public servant from participating in a transaction involving the governmental entity in which the public servant or any person of which the public servant is an officer, director, trustee, partner, or employee has a substantial economic interest.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Brent Durham
 
 
ATTACHMENTS:
Description:
2013-705 Draft Opinion
2013-705- Advisory Opinion Request