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Last modified
7/12/2021 2:14:44 PM
Creation date
10/29/2013 2:33:51 PM
Metadata
2013-1319
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2013-1319
Requesting Party
Darius Munchak
Andrew Wilson Charter School
Parties Involved
Brian Chatfield
Wilson's Charter School
Broadmoor Charter School Board
Valerie Chatfield
Cool It, LLC
Decision Date
10/18/2013
Law
R.S. 42:1121
R.S. 1121B
Caption
Advisoroy opinion that the Code of Governmental Ethics does not prohibit a company owned by the wife of the former facilities manager for Wilson's Charter School, which operates under the jurisdiction of the Broadmoor Charter School Board (Board), from entering into a contract with the Board. However, the Code of Ethics does prohibit the former employee of the Wilson's Charter School from performing services for Wilson's Charter School.
Ethics Subject Matters
Post Employment
Prohibited Contracts
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STATE OF LOUISIANA <br /> °"F you'' DEPARTMENT OF STATE CIVIL SERVICE <br /> Xc <br /> O /S�. <br /> �Q '_ LOUISIANA BOARD OF ETHICS <br /> • P.0.BOX 4368 <br /> It BATON ROUGE,LA 70821 <br /> d <br /> (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> October 22, 2013 <br /> Darius Munchak, Director of Operations and Finance <br /> Andrew Wilson Charter School <br /> 3617 General Pershing Street <br /> New Orleans, LA 70125 <br /> RE: Ethics Board Docket No. 2013-1319 <br /> Dear Mr. Munchak: <br /> The Louisiana Board of Ethics, at its October 18, 2013 Board meeting, considered your request for an <br /> advisory opinion regarding whether a company owned by the former facilities manager for Wilson's Charter <br /> School, Brian Chatfield, may enter into a contract with the Charter School. You state that Brian Chatfield <br /> was the facilities manager for Wilson Charter School from August 1, 12011 until his resignation on August <br /> 2, 2013. As the facilities manager, Mr. Chatfield supervised custodial employees and the general <br /> maintenance for the school. The Charter School operates under the jurisdiction of the Broadmoor Charter <br /> School Board. The School Board plans to contract with an exterior vendor for the provision of HVAC and <br /> maintenance services. Brian Chatfield's wife, Valerie Chatfield is the owner of Cool It, LLC and Brian <br /> Chatfield serves as an officer of Cool It, LLC. <br /> The Board concluded, and instructed me to advise you that the Code of Governmental Ethics will not <br /> prohibit Cool It, LLC from entering into a contract with The Broadmoor Charter School Board; however, <br /> it will prohibit Mr. Chatfield from performing services for the Charter School. Section 1121B of the Code <br /> prohibits a former public servant, for two years, from assisting another person, for compensation, in a <br /> transaction in which he participated during his public employment and which involves the governmental <br /> entity. Section 1121B of the Code also prohibits a public servant, for a period of two years following the <br /> termination of his public employment, from rendering any service which such former public employee <br /> rendered to the agency during the term of his public employment on a contractual basis, regardless of the <br /> parties to the contract, to, for, or on behalf of the agency with which he was formerly employed. Mr. <br /> Chatfield's agency, as an employee was the Wilson Charter School, was the Charter School. As a former <br /> employee of the School, Mr. Chatfield was responsible for the maintenance of the school. Thus, the Code <br /> will not prohibit Cool It, LLC from entering into a contract to render services for the Broadmoor School <br /> Board, however, Section 1121 of the Code will prohibit Mr. Chatfield from performing services for the <br /> Charter School within a two year period after Mr. Chatfield terminated his employment. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may <br /> result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to <br /> past conduct or laws other than the Code of Governmental Ethics. If you have any questions, please <br /> contact me at(225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> L UISIANA BOARD OF ETHICS <br /> Aneatra P. Boykin <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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