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2021-1046
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Last modified
4/1/2024 8:36:09 AM
Creation date
2/7/2023 10:28:36 AM
Metadata
2021-1046
Fields
Template:
Opinion Item
Opinion Type
Consent Opinion
Docket Number
2021-1046
Parties Involved
Carley Prestenbach, Larry Prestenbach and Larry Ps Boiling Pot LLC
Agency at Issue
Caddo Parish School Board
Decision Date
2/3/2023
Caption
Carly Prestenbach, Larry Prestenbach, and Larry P's Boiling Pot LLC violated the Code of Governmental Ethics by transacting with Youree Drive Middle School while Carly Prestenbach was employed with the school.
Ethics Subject Matters
Prohibited Transactions
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c • • <br /> Ethics Board Docket No.2021-1046 <br /> Page 4 of 8 <br /> into any contract, subcontract, or other transaction that is under the supervision or <br /> jurisdiction of the agency of such public servant. <br /> 11. <br /> The following terms are defined in Section 1102 of the Ethics Code and are relevant when <br /> analyzing the above Sections: <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency," for public servants of political <br /> subdivisions,to mean the agency in which the public servant serves, except that for <br /> members of any governing authority and for the elected or appointed chief <br /> executive of a governmental entity, it shall mean the governmental entity. Public <br /> servants of political subdivisions shall include, but shall not be limited to, elected <br /> officials and public employees of municipalities, parishes, and other political <br /> subdivisions. <br /> La. R.S. 42:1102(8) defines "controlling interest as any ownership in any legal <br /> entity or beneficial interest in a trust, held by or on behalf of an individual or a <br /> member of his immediate family,either individually or collectively,which exceeds <br /> twenty-five percent of that legal entity. <br /> La. R.S. 42:1102(13) defines "immediate family member" as the term relates to a <br /> public servant,to include the public servant's spouse. <br /> V. <br /> OPINION: <br /> It is the opinion of the BOE that Carly Prestenbach's agency for purposes of the Ethics <br /> Code, as an employee of Caddo Parish School Board, was Youree Drive Middle School. <br /> It is the opinion of the BOE that Youree Drive Middle School's issuance of checks to Larry <br /> P's Boiling Pot, LLC are transactions under the supervision and jurisdiction of Youree Drive <br /> Middle School. <br /> It is the opinion of the BOE that Carly Prestenbach, Larry Prestenbach, and Larry P's <br /> Boiling Pot, LLC violated La. R.S. 42:1113A by virtue of Larry P's Boiling Pot, LLC, a legal <br /> entity in which Carly and Larry Prestenbach have a controlling interest, entering into transactions <br /> that were under the supervision or jurisdiction of Carly Prestenbach's agency. <br />
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