| Request for an Advisory Opinion, submitted by Shannah Ellender-Yuratich, regarding whether the Code of Governmental Ethics ("Code") would prohibit her from running for a BESE seat as a current employee of a Type 1 Charter School in Lafourche. |
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Mrs. Ellender-Yuratich is employed at Virtual Academy of Lafourche, a Type 1 Charter School. On July 22, 2022, she qualified to run for the LPSB. Shortly thereafter, she was informed by the LPSB Superintendent that you could not be a LPSB member while being employed at a Type 1 Charter School. There are five (5) types of charter school. The Louisiana Department of Education is responsible for oversight of BESE-authorized type 2 (New or conversion school • BESE authorized), 4 (New or conversion school • Local school board & BESE authorized), and 5 (Recovery School District schools • BESE-authorized) schools. Type 2 and 5 schools are governed by each school Board of Directors, who control school finances, operations, and administration. Local school boards are responsible for oversight of Type 1 (New school • Local school board authorized) and 3 (Conversion school • Local school board authorized) schools. Each school's respective board or charter management organization governs the school finances, operation, and administration.
Mrs. Ellender-Yuratich was not successful in her bid for school board. Additionally, she has asked whether she can be elected as a member of BESE, in the future, while working at a charter school after being contracted for the position.
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La. R.S. 42:1111(C)(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; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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