| Advisory Opinion for Keith Burton, Superintendent of Caddo Parish School Board related to his daughter-in-law's employment with a service provider. |
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Mr. Burton currently serves as Superintendent of the School Board. His daughter-in-law, Sarah Burton, is employed by Corebridge Financial ("Corebridge") as a certified financial planner. In her role at Corebridge, she focuses on retirement plans, including 403(b) plans, in Caddo Parish. Her client base includes eligible employees, including School Board employees. Ms. Burton receives a salary and performance bonuses as compensation for her services; she does not own any interest in Corebridge. The School Board currently works with 11 different providers of 403(b) plans, including Corebridge. Corebridge was approved as a provider before Mr. Burton became Superintendent.
The School Board has submitted a disqualification plan to avoid any potential violation of La. R.S. 42:1112, whereby Mr. Burton would recuse himself from participating in any transaction or duties involving 403(b) plans, including entering any contracts between the School Board and Corebridge. Any such decisions or actions would be handled by the School Board's Director of Insurance and/or the School Board's Chief Financial Officer.
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La. R.S. 42:1113A states that 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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
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(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.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, 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 elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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