| A Request for an Advisory Opinion, submitted by Dr. Shannon LaFargue, PhD of the Calcasieu Parish School Board ("CPSB"), concerning whether various situations would be prohibited by the Louisiana Code of Governmental Ethics ("Code"). |
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Several employees of the Calcasieu Parish School Board ("CPSB") employees have communicated an interest in using CPSB owned facilities during non-school hours for the purposes of "for profit" activities, such as coaching clinics and tutoring session, which might involve students at their schools, among other students. If permitted, the employees would pay the CPSB's required fees for facility use. The CPSB has asked the following questions:
A. A coach or an entity in which the coach and/or his/her immediate family members have a monetary interest, wishes to lease/rent CPSB facilities for the purpose of engaging in for profit activities, such as a summer athletic camp. This lease/rental would be pursuant to CPSB requirements also applicable to those who are not CPSB employees. May a coach/entity:
1. Lease/rent facilities at the school at which the coach is employed; or,
2. Lease/rent facilities at schools other than that at which the coach is employed?
B. May a high school coach employed by the CPSB, or an entity in which his/her immediately family members have a monetary interest, conduct athletic training events for:
1. High school students who attend the coach's school;
2. High school students who attend the coach's school and who have been or may in the future be taught/coached by the coach;
3. K-8 grade student who were not taught/coached by the coach, but who may transition to a high school at which the coach teaches/coaches; or,
4. Students who do not and will not attend the coach's school?
CPSB teachers sometimes provide after school tutoring to CPSB students. The use of school rooms for tutoring can benefit students and parents, as students, such as those with special needs, can remain in familiar settings for after school session.
C. A teacher or an entity in which the teacher or his/her immediate family members have a monetary interest wishes to lease/rent School Board facilities for the purpose of engaging in for-profit activities such as after school tutoring. This lease/rental would be pursuant to Calcasieu Parish School Board requirements also applicable to those who are not Calcasieu Parish School Board employees. May the teacher entity:
1. Lease/rent facilities at the school at which the teacher is employed; or,
2. Lease/rent facilities at schools other than that at which the teacher is employed?
D. May a teacher employed by the CPSB, or an entity in which his/her immediate family members have a monetary interest, provide tutoring services for:
1. Students who attend a teacher's school;
2. Students who attend the teacher's school and who are, have been, or may in the future be taught by the teacher; or,
3. Students who do not and will not attend the teacher's school.
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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.
La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which 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. 42:1111(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.
La. R.S. 42:1113(A)(1)(a) states no public servant, excluding any legislator and any appointed member of any board of 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.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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