Meetings
 
Agenda Item
Docket No. 22-030
 
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RE:
Advisory Opinion request from James Graham with the Healthy School Food Collaborative, a non-profit organization, with regard to consulting services offered to schools and food service management companies.
Facts:
The Healthy School Foods Collaborative ("HSFC") is a private, non-profit entity that provides food program consulting services to charter schools, school districts, private schools, and other community organizations. HSFC's expertise is in the administration of National School Lunch Programs, School Breakfast Programs, and Child and Adult Care Food Programs, all of which are funded through the United States Department of Agriculture ("USDA"). HSFC provides the following services to schools: assistance with the creation of a school food authority, point of sale software set-up and management, comprehensive audit support, wellness plan creation and implementation, request for procurement process management, assistance with the renewal of existing food service management contracts between the school and the third-party company, lunch application processing, organize documentation and support for the USDA Child Nutrition Program, assistance with implementation of summer school food service, and the implementation of after-school and snack reimbursement programs. All program requirements are dictated by the USDA.

HSFC would like to offer its services directly to third-party food service management companies, including companies that contract with its school clients. The proposed scope of services to be offered to food service management companies includes review of production records and pictures to ensure standards, as well as completion of on-site visits, trainings, and reviews.

Mr. Graham stated that HSFC was not created by any governmental entity and that it performs services for private entities as well as public entities. Further, HSFC employees are not under the supervision of any elected official or public employees involved with the schools.

Law:
The Louisiana Supreme Court, in PIAL v. Theriot, 09-1152 (La. 3/26/10), 31 So.2d 1012, 1015, citing State v. Smith, 357 So.2d 505 (La.1978), specified that all four of the following factors must be present to determine an entity's public character:
(1) whether the entity was created by the legislature,
(2) whether its powers were specifically defined by the legislature,
(3) whether the property of the entity belongs to the public, and
(4) whether the entity's functions are exclusively of a public character and performed solely for the public benefit.
La. R.S. 42:1102(18)(a)
defines a "public employee," in pertinent part, to mean anyone, whether compensated or note, who is:
(iii) engaged in the performance of a governmental function; or
(iv) under the supervision or authority of an elected official or another employee of the governmental entity.

AO 2016-1045: Board determined that Quad Area Community Action Agency, a non-profit organization, was not subject to the Code since it did not meet PIAL factors. Quad Area received federal funding for certain grant activities that flowed through state agencies.


Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2022-030 - Advisory Opinion Request James Graham
2022-030- Property Ins Assn of Louisiana v Theriot (1)
2022-030- AO 2016-1045
2022-030 - Advisory Opinion Final Draft