Meetings
 
Agenda Item
Docket No. 21-249
 
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RE:
A Request for an Advisory Opinion, submitted by Phlesher Mingo, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him from owning a private driving school while he is the Supervisor of Child Welfare and Attendance for Bogalusa City School District.
Facts:
Mr. Mingo is the Supervisor of Child Welfare and Attendance for Bogalusa City School District. He is applying to become an owner of a new driving school. During his application process, the Louisiana Department of Public Safety -Training and Certification Unit advised that he seek an opinion from the Board, stating that he is "qualified to be the owner of driving school." His duties and responsibilities as the Supervisor of Child Welfare and Attendance are to: 1) plan, organize, and implement a comprehensive program of student attendance and welfare services; and, 2) provide support to schools with alternative solutions for discipline and attendance problems.

Law:
La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.

La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by 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; 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.

La. R.S. 42:1116 provides that no public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, or other person with anything of economic value.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: LaToya D. Jordan
 
 
ATTACHMENTS:
Description:
2021-05-25 Advisory Opinion.draft.v2 (Docket No. 2021-249)
2021-249 - Advisory Opinion Request Phlesher Mingo