| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits Briaon Landry's business, CX Virtual Solutions, from entering into an internship arrangement with Assumption High School while she is a teacher at Assumption High School. |
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Briaon Landry is employed by the Assumption Parish School District as a teacher at Assumption High School ("AHS"). This semester she is teaching a graphic design class. She is also the sole owner of Creative Expressions Artistry, LLC, d.b.a. "CX Virtual Solutions," a graphic design and digital brand marketing firm.
Ms. Landry would like her business, CX Virtual Solutions, to provide two semester-long internships through AHS to students who are either currently enrolled in or have completed her graphic design class. These graphic design internships would be part-time and take place outside of school hours. AHS would provide the students with work permits. CX Virtual Solutions would hire the students as part-time employees, pay them at least minimum wage, and complete all necessary paperwork for the students and AHS. The students would work a minimum of 150 hours and earn 25 classroom hours upon successfully completing the internship. The proposed internship arrangement would have to be approved by the Assumption Parish School District's Curriculum and Instruction Supervisor of Secondary Education for AHS.
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La. R.S. 42:1113A(1)(a): 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.
La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
La. R.S. 42:1102(2)(a) 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(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.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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