| Advisory opinion request from John Cook, on behalf of Vermilion Charter Foundation, a Louisiana non-profit corporation ("VCF"), as to whether the Louisiana Code of Governmental Ethics (the "Code") would allow a contractor of VCF to hire the spouse of a VCF board member to provide services to a school which VCF operates. |
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VCF has been authorized by the Board of Elementary and Secondary Education to commence operation of Vermilion Charter Academy ("VCA"), a Type 2 charter school in Vermilion Parish, beginning for the 2024-2025 school year. VCF has retained Charter Schools USA ("CSUSA") to manage and operate VCA. One of the services that CSUSA will provide is transportation services for students of VCA.
Karen Lewis currently serves on the board of VCF. Ms. Lewis's spouse is a certified school bus operator.
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La. R.S. 17:3996B(20) provides that all officers and employees of charter schools are subject to the Code.
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 having a substantial economic interest in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1119B(1) provides no member of the immediate family of a member of a governing authority or the chief executive of a governmental entity shall be employed by the governmental entity.
La. R.S. 42:1119B(2)(a)(vi) provides that, notwithstanding the restrictions in La. R.S. 42:1119B(1), a local school board may employ any member of the immediate family of any board member or of the superintendent as a school bus operator provided that such family member is certified as a school bus operator. Any school board member or superintendent whose immediate family member is employed by the school board shall recuse himself from any decision involving the promotion or assignment of such employee.
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(13) defines "immediate family" as the term relates to a public servant to mean his children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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