| Advisory Opinion request on behalf of Public Radio Inc. regarding a consulting contract with Paul Maassen, an employee of the University of New Orleans. |
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Public Radio Inc., a Louisiana nonprofit organization, operates the Baton Rouge radio station 89.3 WRKF, the National Public Radio ("NPR") affiliate for Southeast Louisiana. The University of New Orleans ("UNO") owns and operates the public, noncommercial radio station 89.9 WWNO, also an NPR member station in New Orleans.
UNO received a grant from the Walton Family Foundation, which required specialized services UNO cannot perform without additional staffing assistance. As a result, a subcontract agreement has been entered between UNO and Public Radio Inc. to deliver the specialized services of digital presentation of Coastal Desk News and devote substantial time from the Digital Multimedia Editor to the Coastal Desk content.
UNO employs Paul Maassen as the General Manager of WWNO. He reports to Adam Norris, Chief Communications Officer for UNO. To fulfill the needs of the grant, Public Radio Inc. would like to enter into a consulting contract with Mr. Maassen to perform up to 10 hours of work per week assisting Public Radio Inc. Mr. Maassen has submitted a UNO Disclosure of Outside Employment, which UNO President Kathy Johnson has approved. UNO is within the University of Louisiana System.
Public Radio Inc. seeks approval of the consulting contract between Paul Maassen and Public Radio Inc. according to the exception in La. R.S. 42:1123(9)(b). In Docket No. 95-069, the Board previously approved the procedure for University of Louisiana system employees to engage in outside consulting practices allowed by the provisions of La. R.S. 42:1123(9).
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La. R.S. 42:1111C(2)(d): 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 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.
La. R.S. 42:1117: 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. 42:1123(9)(b): This Part shall not preclude the performance of services for compensation for any person, by faculty or staff members of a public higher education institution, provided the services consist of consulting related to the academic discipline or expertise of said public employee, or the continued performance of such services by former faculty or staff members of a public higher education institution subsequent to the termination of their public service and notwithstanding contrary provisions of R.S. 42:1121, and provided the services have been approved in writing by the chief administrative officer of the public employee's institution in accordance with rules and procedures established by the management board of the institution, which rules and procedures have been approved by the Board of Regents and the Board of Ethics.
La. R.S. 42:1112B(5): 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: (5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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