| Advisory Opinion Request from Calcasieu Parish School Board (the "School Board") as to whether a company owned by a School Board member may donate services to students and schools under the School Board's jurisdiction, and whether the School Board may acknowledge such donations. |
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Eric Tarver is a member of the School Board. Eric and his family own Lake Area Adventures ("LAA"), a company which provides amusement video game and restaurant services to the general public.
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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. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
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.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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