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Last modified
4/1/2024 8:42:47 AM
Creation date
9/12/2023 10:01:31 AM
Metadata
2023-520
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-520
Requesting Party
Shannon LaFargue
Parties Involved
Calcasieu Parish School Board Employees
Agency at Issue
Calcasieu Parish School Board
Decision Date
9/8/2023
Law
La. R.S. 42:1111(C)(1)(a)
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1113(A)(1)(a)
Caption
Employees of the Calcasiue Parish School Board are prohibited from entering into transactions to use School Board owned facilities at their respective schools during non-school hours for the purposes of "for profit" activities.
Ethics Subject Matters
Prohibited Transactions
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compensated by any person or from any officer, director, agent, or employee of such person, if <br /> such public servant(mows or reasonably should know that such person has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency; conducts <br /> operations or activities which are regulated by the public employee's agency; or has substantial <br /> economic interests which may be substantially affected by the performance or nonperformance of <br /> the public employee's official duty. <br /> La. R.S. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed <br /> member of any board of commission and any member of a governing authority of a parish with a <br /> population of ten thousand or less,or member of such a public servant's immediate family,or legal <br /> entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or <br /> other transaction that is under the supervision or jurisdiction of the agency of such public servant. <br /> ANALYSIS AND CONCLUSION <br /> The Board concluded, and instructed me to inform you,that based on the facts presented,the Code <br /> dictates the following: <br /> A. A coach or an entity in which the coach and/or his/her immediate family members have a <br /> monetary interest, wishes to lease/rent CPSB facilities for the purpose of engaging in for <br /> profit activities, such as a summer athletic camp. This lease/rental would be pursuant to <br /> CPSB requirements also applicable to those who are not CPSB employees. May a <br /> coach/entity: <br /> 1. Lease/rent facilities at the school at which the coach is employed; or, <br /> No. La. R.S. 42:1113(A)(1)(a) prohibits the public servant and the public servant's <br /> immediate family member from entering into a contract with the public servant's agency. A <br /> coach's agency is the school in which they coach/teach. While the lease/rental would be with <br /> the CPSB,the lease/rental of school facilities remains under the supervision of the school. <br /> 2. Lease/rent facilities at schools other than that at which the coach is employed? <br /> Yes. See the response to No. 1. <br /> B. May a high school coach employed by the CPSB,or an entity in which his/her immediately <br /> family members have a monetary interest, conduct athletic training events for: <br /> 1. High school students who attend the coach's school; <br /> No.La.R.S.42:1111(C)(1)(a)prohibits a public servant from receiving any thing of economic <br /> value for any service, the subject matter of which is devoted substantially to the <br /> responsibilities,programs,or operations of the agency of the public servant and in which the <br /> public servant has participated.Coaches who conduct athletic training events at their school <br /> would be receiving a thing of economic value for a service, where the subject matter is <br /> Page 3 of 5 <br /> Docket No.2022-520 <br />
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