| Request for an advisory opinion from Alton McGee, a teacher in East Baton Rouge Parish, who would like to create a Parent Teacher Organization and a Booster Club at Glen Oaks High School. |
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Alton McGee is employed by the East Baton Rouge Parish School System as a Business Education teacher at Glen Oaks High School. Mr. McGee would like to form two non-profit corporations; a Parent Teacher Organization and a Booster Club. Both entities would support Glen Oaks High School. The Parent Teacher Organization would address concerns between teachers, parents, and administrators at Glen Oaks High School and serve as a platform in which parents could support the school by way of unified volunteer efforts, fundraising, and providing moral support to teachers and administrators in a unified fashion. The Booster Club would serve as a support system for Glen Oaks High School by way of fundraising for extra-curricular activities and programs. Mr. McGee would receive no compensation from either organization.
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La. R.S. 42:1113A(1)(a) prohibits a public servant or member of such a public servant's immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for services rendered from a person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency
La. R.S. 42:1115A prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
La. R.S. 42:1115B prohibits a public employee from soliciting or accepting, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person conducts operations or activities which are regulated by the public employee's agency, or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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