| Request for an advisory opinion relative to Kristy Touchet, a board member of the Vermilion Charter Foundation ("VCF"), and her employment with SchoolMint, a business entity that provides school administrative software. |
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Vermilion Charter Foundation ("VCF") is a Louisiana non-profit corporation that has submitted a charter school application to the Board of Elementary and Secondary Education. Kristy Touchet is a Board Member of the VCF who receives no compensation for her services to the VCF.
Kristy Touchet recently was hired as the Human Resources Director for SchoolMint, a privately owned company that provides administrative software to schools.
VCF has entered into a Management Agreement with Charter Schools USA ("CSUSA"), to develop, manage, staff and operate the Vermilion Charter Academy when the VCF receives charter approval.
CSUSA has an ongoing contract with SchoolMint whereby SchoolMint provides administrative software to all schools operated by CSUSA, of which Vermilion Charter Academy will utilize once the charter is approved.
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The Vermilion Charter Foundation requested a similar opinion in BOE Docket No. 2021-101.
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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. 42:1102(2)(a)(vi) defines agency of the public servant of political subdivisions to mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 17:3996A(20) provides that charter school board officers and employees are subject to the rules and regulations in the Code of Governmental Ethics that apply to public school employees.
BOE Docket No. 2021-101 opined that once VCF gets charter school approval, Section 1111C(2)(d) would prohibit Ben Revira, a VCF Board Member, from working for Thomson Smith & Leach Insurance Group when the insurance group has or seeks to obtain contractual or other business or financial relationships with VCF.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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