| Advisory opinion request regarding whether La Sandra Darensbourg Gordon, a member of the St. Charles Parish Council, may accept employment with the ARC of St. Charles, Inc. |
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The ARC of the United States is a national 501(c)(3) non-profit organization that provides services and support that enables people of all ages with developmental disabilities and special needs to attain their full potential. The ARC of Louisiana is a chapter of the ARC of the United States and the ARC of St. Charles, Inc. is a local chapter. The ARC of St. Charles, Inc. trains the intellectually and developmentally disabled citizens of the parish that are over 17 years of age. The areas of training include self help, social skills, pre-vocational, independent living, mobile work crews, personal hygiene, daily living skills (making change, telling time, safety), recognition of danger signs, physical training, and maximization of individual potential. The ARC of St. Charles also provides transportation for all activities including daily instruction classes. Funding for the ARC of St. Charles is primarily derived from the dedicated millage provided by the St. Charles Parish taxpayers, and from third party reimbursement arrangements. In addition, the ARC of St. Charles also receives funding from appropriations from State agencies, and contributions from the public. Additional revenue is also generated from services performed by clients.
The budgets of ARC of St. Charles are approved by their own Board of Directors. When they present to the Council, it's more of a courtesy. The members of the Council can ask all the questions they would like, but in terms of what they spend their funds on, etc., the Council does not have any say. When its millage comes up for review annually and its renewal every 10 years, the Council does have the power to approve or deny a renewal and annually can reduce its millage should the Council deem it necessary.
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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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person 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)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, 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, 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. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(19) defined "public servant" to mean a public employee or an elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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