| Request for an advisory opinion regarding whether there are any conflicts of interest in connection with a nonprofit organization that honors the late son of Iberia Parish School Board Member Raymond "Shoe Do" Lewis.
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Mr. Lewis is currently the President
and founding member of a non-profit company, the Garon Paul Atkins Lewis
Foundation (GPAL). GPAL was created in honor of his son, Garon Lewis, who was killed
on August 16, 2019. GPAL was founded to support various organizations which
foster the development of our youth. He stated that he does not draw any compensation from GPAL. He also does not intend to be employed by GPAL.
Further, he stated that the Executive
Director of GPAL, Tyra McWorther, and the GPAL Coordinator, Tytiana N. McWorther,
would conduct all interactions with the School Board, such as the submission of grant
applications and organization of any fundraising. Mr. Lewis has no ownership interest in GPAL.
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La. R.S. 42:1111C(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 from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1113A prohibits a public servant or a member of such public servant's immediate family or a legal entity in which he has controlling interest from bidding on or entering into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the public servant's agency.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1123(1) allows for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received.
La. R.S. 42:1115A provides that no public servant shall solicit or accept, 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 servant knows or reasonably should know that such person: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1115A(2) 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 is seeking, for compensation, to influence the passage or defeat of legislation by the pubic servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee 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 conducts operations or activities that are regulated by the public employee's agency.
La. R.S. 42:1123(1)provides an exception for participation in the affairs of charitable, religious, nonprofit education, public service, or civic organizations when no compensation is received.
BD Advisory Opinion (2017-294, 2016-287, 2014-547, 2018-208, and 94-273.) attached are examples of where the Ethics Board in prior opinion's applied the exception found in La. R.S. 42:1123(1)to potential violations of La. R.S. 42:1112B(3) that would occur simply because the public servant serves without compensation as an officer in a non-profit that may have a substantial economic interest in a transaction with his agency.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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