| Advisory opinion request from a New Orleans Parish School employee Cheruba Sophia Chaves regarding contracts between her company, ELLipsis Learning, and other school systems. |
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Ms. Chaves was recently promoted from classroom teacher to Assistant Director of English Learner Support for NOLA public schools. As a classroom teacher, she taught English as a second language. She also owns ELLipsis Learning, a company that trains teacher-students that are learning English and need extra support.
Ms. Chaves stated that she will not conduct any work for ELLipsis Learning during NOLA school hours (8-4:30); ELLipsis will not contact any school under the NOLA public school system, even the charter schools; she will not use her position at NOLA schools to promote ELLipsis; and while conducting her work for ELLipsis she will not refer to her position as a NOLA school system employee.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a 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. 42:1102 (2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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