| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits the Center for Literacy and Learning ("CLL") from contracting with the Washington Parish School System while Dr. John Wyble serves as the President of the School Board. |
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Dr. John Wyble is an elected member of the Washington Parish School Board and currently serves as the President of the Washington Parish School Board. Dr. Wyble is the paid CEO for the Center for Literacy and Learning. The School Board would like to contract with CLL to provide professional development services to the schools in the parish.
The CLL is a nonprofit that provides professional services on the science of reading. Since 2003, the Washington Parish School System used the science of reading to guide instruction in the school system. The CLL has been the leading provider for professional development for teaching reading for over 20 years.
The Washington Parish School System has a school that needs literacy coach training. The local curriculum team prefers that it be provided by CLL. This request is from the Curriculum Team and not the School Board. In Washington Parish, decisions about curriculum are not made at the school board level. There will be a cost for the services that the school system would have to pay to CLL for the services. However, Dr. Wyble will not benefit from the contract, his salary will remain unaffected.
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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 anything 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. 42:1115(A)(1) provides that 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. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person anything of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
La. R.S. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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