| Advisory Opinion Request by Sara Andrews, Business Manager for the LaSalle Parish School System, regarding the payment of registration fees for coaches to attend a football coaching clinic run by an employee of Jena High School. |
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Ikey Ray is employed by the Iberia Parish School System. He is currently a College & Career Readiness / Physical Education teacher and an assistant football coach at Jena High School. Mr. Ray is also an assistant coach for the basketball and track team.
Mr. Ray is the clinic director of Boot Up Football Clinic. The purpose of the clinic is to offer a professional development opportunity for local area football coaches. The clinic is open for any current or future coach to attend. Mr. Ray operates the clinic as a sole proprietorship. The clinic is not affiliated with Jena High School and is not a part of Mr. Ray's duties as either a teacher or assistant coach. The clinics are not conducted on any LaSalle Parish School System properties.
Ms. Andrews asks whether Jena High School can pay the registration fees, or provide reimbursements, to allow its coaches to attend the clinic in the future. There would be five coaches at a cost of $65 each, for a total of $325.00.
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La. R.S. 42:1113A: No public servant, … or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(19) defines "public servant" to include a public employee.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, 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.
La. R.S. 42:1102(a) defines "agency" to mean a department, office, division, agency…or other organizational unit of a governmental entity; (vi) for public servants of political subdivisions, it shall mean the agency in which the public servant serves.
La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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