| Advisory Opinion request regarding whether Penny Comena may accept a teaching position with the Family Service Center in St. Francisville while also owning Glory Angels, LLC. |
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Penny Comena is listed as the only Manager of Glory Angels, LLC on the
Secretary of State website. Glory Angels, LLC is a part of the West Feliciana
Early Childhood Community Network ("Community Network"). The Family Service
Center in West Feliciana Parish is the Community Network Lead Agency. The Family
Service Center serves as the Community Network Lead Agency on behalf of the
Department of Education to receive funds to conduct administrative functions
for the community network program partners (Type III child care sites, public pre-K,
Head Start/Early Head Start, charter school pre-k, and family child care) including
services such as serving as the fiscal agent, coordinating accurate CLASS
observations per the requirements of BESE Bulletin 140, and coordinating the birth-to-age-five child
count, enrollment, and the state funding application of the community network.
Ms. Comena wishes to accept a teaching position with the Family Service
Center. Specifically, she would teach Early Head Start students, which are
children under the age of 3, for the West Feliciana Head Start Program. Her daycare, Glory Angels, LLC also provides care and teaching services for
children under the age of 3. As a teacher, it is possible parents may ask Ms. Comena for
a recommendation of Type III child care centers in the Community Network, which
includes Glory Angels, LLC.
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La. R.S. 42:1111C(1)(a) provides that no public servant shall receive any thing of
economic value for any service, the subject matter of which:
(a) Is devoted substantially to the
responsibilities, programs, or operations of the agency of the public servant
and in which the public servant has participated.
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 from whom such public servant would be prohibited by R.S.
42:1115(A)(1) or (B) from receiving a gift.
La.
R.S. 42:1113A(1)(a) provides
that no no public servant, excluding any legislator and any appointed member of
any board or commission and any member of a governing authority of a parish
with a population of ten thousand or less, 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. 42:1115A. No public servant shall solicit or accept, directly or
indirectly, any thing of economic value as a gift or gratuity from 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:
(1)
Has or is seeking to
obtain contractual or other business or financial relationships with the public
servant's agency.
La. R.S. 42:1115B B.
No public employee shall solicit or accept, directly or indirectly,
anything of economic value as a gift or gratuity from any person or from any
officer, director, agent, or employee of such person, if such public employee
knows or reasonably should know that such person:
(1)
Conducts operations or activities which are regulated by the public
employee's agency.
(2)
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: |
Mallory Guillot |
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