| Advisory Opinion request from Jean Paul Robert, Assistant District Attorney, on behalf of the Ascension Parish Government regarding elected officials and employees of Ascension Parish serving on the Board of the Ascension Cradle to Career Foundation LLC. |
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Ascension Parish Government funds an Early Childhood Development Program, which will soon be operated by Ascension Parish Cradle to Career Operating, LLC ("Cradle to Career LLC"). The mission of Cradle to Career LLC is to bring together public and private stakeholders to support efforts to eliminate disparities and advance equity in low income communities by building a neighborhood-level system to provide children with health, social, and educational supports from birth through career. The Ascension Parish Government will provide funds to Career to Cradle LLC for the operation of the Early Childhood Development Program.
The Ascension Cradle to Career Foundation LLC ("Foundation") was recently created as a non-profit corporation to assist Cradle to Career LLC by raising money from stakeholders for the Early Childhood Development Program. All grants and funds raised by the Foundation will be used to directly pay for outside classroom experiences or will be allocated to Cradle to Career LLC to pay for operating costs. The Foundation's proposed board members include Ascension Parish President Clint Cointment, Ascension Parish Sheriff Bobby Webre, and Ascension Parish Councilwoman Teri Casso. Additionally, Ascension Parish Chief Administrative Officer John Diez is a proposed officer/member, and Ascension Parish Special Projects Manager William Dawson is the registered agent. None of the board members or officers of the Foundation will receive compensation from the Foundation for their services.
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AO 2018-208: Exception in 1123(1) allows Concordia Parish Police Juror to participate in affairs of Lasalle Community Action Association, since it was a public service organization and the elected official did not receive compensation from the LCAA.
AO 2016-287: Exception in 1123(1) allows the President/CEO of Downtown Development District of New Orleans to participate in affairs of the New Orleans Police and Justice Foundation, since that Foundation is a nonprofit public service organization and he received no compensation from the Foundation. Additionally, District not prohibited from providing financial support to the Foundation.
AO 2014-547: Exception in 1123(1) allows an elected member of the Caddo Parish Commission to participate in the affairs of Caddo Community Action Agency, since the CCAA is a non-profit public service organization and the elected member received no compensation from the CCAA.
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La. R.S. 42:1112(B)(3):No public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: Any person of which he is an officer, director, trustee, partner, or employee.
La. R.S. 42:1123(1): This Part shall not preclude participation in the affairs of charitable, religious, nonprofit educational, public service, or civic organizations, bona fide organized public volunteer fire departments when no compensation is received, or the activities of political parties not proscribed by law.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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