| Advisory Opinion Request regarding whether the Code of Governmental Ethics prohibits Austin Touchet, an Assistant Principal at
Erath High School, and/or his company from entering into transactions with his school district and/or
other school districts within Louisiana. |
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Austin Touchet is an Assistant Principal at Erath, a
Louisiana public high school in the Vermillion Parish School District. Austin
Touchet is also an owner of BrightPath Analytics, LLC ("BrightPath") with
a 57.5% membership interest and the remaining being vested to other founders.
BrightPath has developed an artificial intelligence-based education software
platform.
Austin Touchet would like to make this software available at
no cost to a limited number of teachers at the high
school, middle school, and elementary schools within his District for the
purpose of free beta testing. The purpose would be to gather informal feedback
on usability, bugs, and functionality. Participation with the project would be
voluntary and no payment, gifts, or compensation of any kind would be
exchanged. Further, if the teachers have
questions or need technical support during school hours, that support would not
be provided by Austin Touchet. Instead, the technical support would be provided
by BrightPath's other co-founders. The software is not affiliated with Austin Touchet's school or district, and his role as assistant principal is entirely separate
from this project.
Further, Mr. Touchet would like to license this software to
other Louisiana school districts, including Lafayette Parish School District
where his father, Francis Touchet, Jr., is the Superintendent.
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La. R.S. 42:1102(2)(a)(vi) For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
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" means
a public employee or an elected official.
La. R.S.
42:1102(3) defines "agency head" to mean 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(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. 42:1113A(1)(a) states 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. 42:1123(30) provides
that a public servant, a legal entity in which he has a controlling interest,
or a member of his immediate family may donate services, movable property, or
funds to his agency.
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Adopt proposed Advisory Opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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