| Request for an advisory opinion from Dr. Cathy S. Banks, former Board Chairman of the Thrive Community and Development Board in Calcasieu Parish (pop. 192,768), that applied for charter school approval relative to whether she can lease property to the school. |
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Dr. Cathy S. Banks previously sent in a request for an Advisory Opinion that was assigned docket No. 2021-478. The facts provided in that request are as follows:
- Dr. Cathy S. Banks is the Board Chairman of the Thrive Community Enrichment and Development Corporation, a non-profit corporation in Calcasieu Parish, that has applied for charter school approval. Dr. Banks and her husband own real estate that they would like to lease to the corporation for use as a school site.
In Advisory Opinion 2021-478, the Board concluded that the Code would prohibit Dr. Banks and her husband from leasing property to Thrive Community once the charter school contract was entered into. Furthermore, even if the lease were entered into prior to the charter being approved, once the charter is approved, Dr. Banks and her husband would continue to be in any way interested in the lease.
In her second request for an Advisory Opinion, Dr. Banks provided updated facts. Dr. Banks officially resigned from the Board of the Thrive Community EDC, effective August 7, 2021. Prior to her resignation, the Thrive Community EDC did not move forward with its application for charter school approval; the Thrive Community EDC never became a charter school while Dr. Banks was on the Board.
Dr. Banks is not related to any of the Thrive Community EDC board members.
Dr. Banks is requesting an additional advisory opinion from the Louisiana Board of Ethics to determine if the changes that have taken place are compliant with the Code and have eliminated concern for a conflict of interest.
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La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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