| Advisory opinion request regarding whether the Code of Governmental Ethics (Code) prohibits the Avoyelles Public Charter School from appointing Hope Gagnard, its CPA, as a Board member. |
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Avoyelles Public Charter School is a nonprofit corporation and a Type 2 Charter School governed by a Board of Directors. It was granted a charter in 1999. The By-laws state that no more than 8 members shall be on the Board of the Corporation. As of now, there are only 4 members due to death and retirement.
The members have been discussing the appointment of Hope Gagnard.
Hope Gagnard works for Ducote & Company, Certified Public Accounting firm that contracts with the Charter to do their accounting for the school. If Hope Gagnard were selected, she would recuse herself from any item which determines the pay for Ducote & Company.
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La. R.S. 17:3996B(20) provides that all officers and employees of charter schools are subject to the Code of Governmental Ethics.
La. R.S. 42:1111C(2)(d) provides that 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: (d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A provides that no public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from 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: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's 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(3) defines "agency head" to mean (3) "Agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(18)(a)(ii) defines "public employee' as any person who is 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.
La. R.S. 42:1102(19) defines "public servant" to include a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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