| Advisory opinion as
to whether the Code of Governmental Ethics ("Code") prohibits members of the
Louisiana Key Academy ("LKA") from serving on the board of the Dyslexia Resource
Center ("DRC") while DRC has a contractual and/or business relationship with
LKA. |
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LKA is a nonprofit corporation that operates charter
schools in Baton Rouge, Covington and Shreveport. LKA's mission is to provide the best possible
education to children with dyslexia. The
board members of LKA do not receive any compensation.
DRC is an accredited, nonprofit institution formed to
provide training and certification for teachers, as well as testing for
students with Dyslexia. The board
members of DRC do not receive any compensation.
LKA has entered in to contracts with DRC to provide
continuing training, instruction and consultation to LKA's faculty and
students. LKA would like to continue to contract with DRC.
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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: any person of which he is an
officer, director, trustee, partner, or employee.
La. R.S. 42:1113B prohibits an appointed member of any board or commission, member of his immediate family, or a legal entity in which he has a substantial economic interest, from bidding on or entering into or being in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S.
42:1123(1) provides an exception for the participation in the affairs of
charitable, religious, nonprofit educational, public service, or civic
organizations, bona fide organized public volunteer fire departments when no
compensation is received, or the activities of political parties not proscribed by law.
La. R.S. 42:1102(2)(a)(iv) defines "agency" for public servants of political subdivisions,
it shall mean the agency in which the public servant serves, except that for
members of any governing authority and for the elected or appointed chief
executive of a governmental entity, it shall mean the governmental entity.
La. R.S. 42:1102(16) defines "person" to mean an
individual or legal entity other than a governmental entity, or an agency
thereof.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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