| Advisory Opinion request from Marshall Hevron on behalf of Sharon Clark, Charter Director of Sophie B. Wright High School in New Orleans, regarding her possible election as a member of the La. Board of Elementary and Secondary Education (BESE). |
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Sharon Clark is currently employed as the Charter Director for Sophie B. Wright High School ("Sophie B. Wright") in New Orleans. Sophie B. Wright is a Type 3B charter school authorized by NOLA Public Schools.
BESE is authorized to control and supervise elementary and secondary education in the State of Louisiana. To this end, BESE often enacts policies affecting charter schools throughout the State. Sophie B. Wright does not hold a charter with BESE.
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La. R.S. 42:1112(B)(3): No public servant, except as provided in R.S. 42:1120, 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: (3) Any person of which he is an officer, director, trustee, partner, or employee.
La. R.S. 42:1102(19) defines "public servant" to include an elected official.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision to which the elected official is elected.
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.
La. R.S. 42:1120:If any elected official, in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. An elected official who recuses himself from voting pursuant to this Section shall not be prohibited from participating in discussion and debate concerning the matter, provided that he makes the disclosure of his conflict or potential conflict a part of the record of his agency prior to his participation in the discussion or debate and prior to the vote that is the subject of discussion or debate.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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