| Advisory opinion request regarding the former Chief Financial Officer (CFO) and Network Administrator (NA) for the New Orleans College Prep Charter School providing the same services as an employee of a company through a contract with the charter school for that company to be the CFO and NA. |
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New Orleans College Prep is a nonprofit charter operator that currently operates three charter schools, Walter L. Cohen College Prep, Lawrence D. Crocker College Prep, and Hoffman Early Learning Center. For the 2021-2022 school, Lawrence D. Crocker College Prep is being transferred to another charter operator. The loss of this charter school will result in New Orleans College Prep receiving less funding for its central staff. Joel Castro, Chief Executive Officer of New Orleans College Prep, has decided to eliminate two positions, Chief Financial Officer (currently held by Jonathan Tebeleff) and Network Administrator (currently held by Cory Landry). The CFO currently supervises the following positions (1) the Director of Data, a position that will cease and be contracted out to a third-party and then managed by the new COO of New Orleans College Prep; (2) the Director of Facilities and Operations, a position that will cease and whose responsibilities will be performed by the new COO of New Orleans College Prep; (3) the Director of Development, a position that will continue to exist and be supervised by the new COO; and, (4) the Director of Student Enrichment, a position that will still exist and be supervised by the new COO. The Network Administrator position was not a supervisory position.
New Orleans College Prep intends to contract with 4th Sector Solutions to provide the services previously provided by Chief Financial Officer. In addition, New Orleans College Prep intends to expand its existing contract with LogixIT to provide increased information technology support which will include the services previously provided by the Network Administrator.
4th Sector Solutions seeks to hire Jonathan Tebeleff to assist it with any work performed by the company for New Orleans College Prep. LogixIT would like to hire Cory Landry to assist it with any work performed by the company for New Orleans College Prep.
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La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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