| Request for an advisory opinion relative to the Vermilion Charter Foundation and members of its Board of Directors who are employed with business entities seeking to have a business relationship with the Vermilion Charter Foundation. |
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The Vermilion Charter Foundation ("VCF") is a Louisiana non-profit corporation that is submitting a charter school application to the Board of Elementary and Secondary Education in the 2021 application cycle. VCF intends to lease a school that will be built and owned by Red Apple Development, Inc., a Florida corporation. The VCF Board of Directors, comprised of volunteer board members who are uncompensated, has four members whose employers may desire to have a business relationship with the VCF:
ETHAN BROUSSARD, a realtor with Keaty Realty, has been assisting the VCF Board with prospective school sites for which he will not seek a listing agreement. Mr. Broussard is basically donating his services to assist in locating property for a potential school site and is not providing these services through Keaty Realty. In the future, Keaty Realty may present site proposals to Red Apple Development.
KRISTY TOUCHET, is employed by Home Bank and MURPHY GUILBEAU is employed by Gulf Coast Bank. Both financial institutions may in the future desire to provide financial services to VCF.
BEN REVIRA, is employed by Thomson Smith & Leach Insurance Group as a risk advisor and agent. It is anticipated that Thomson Smith & Leach Insurance Group may in the future desire to provide insurance services to VCF.
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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. 42:1111E(1) prohibits a public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, from receiving or agreeing to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1123(30)allows a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family, to donate services, movable property, or funds to his agency.
La. R.S. 17:3991A(1)(b)(ii) provides notwithstanding any provision of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950 or any other law to the contrary, a member of a charter school governing or management board may serve as an officer, director, or employee, whether compensated or not, of any national or state bank; however, he shall recuse himself from voting in favor of any such bank and shall disclose the reason for such recusal by filing a statement of the reason into the minutes or record of the charter school governing or management board and by forwarding a disclosure form to the Board of Ethics.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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