| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits Karla Wesley Jack, an employee of the Pointe Coupee Parish School Board, from providing grant writing and consulting services to other school districts. |
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Karla Wesley Jack has been an Assistant Superintendent and Director of Federal Programs at the Pointe Coupee Parish School Board for 20 years. In this role, she oversees Federal Programs including Titles I, II, IV, Carl Perkins, EEF, and CDF.
In July 7, 2024, she established Synergetic Educational Solutions, LLC (hereinafter referred to as "SES"). Ms. Jack is the sole owner of SES, which is a business that provides grant writing and consulting services to nonprofit organizations. Another Louisiana school district is seeking the services of SES to assist their Federal Programs Director in understanding the policies regarding EDGAR implementation and providing additional support and guidance in completing their required documentation and applications.
Ms. Jack would like to know whether it's permissible for SES to enter into transactions with other school districts in order to provide support related to federal programs such as monitoring, budgeting, and application support. Ms. Jack also intends on retiring within a year or two and would like to know what post-employment restrictions would apply.
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AO: 2025-430 - Project Engineer for DOTD in District 5 wanted to become a partner with a business that pursues contracts with other state agencies. Project Engineer was prohibited from entering into contracts with District 5, but could contract with other DOTD districts under La. R.S. 42:1113A.
AO: 2025-465 - Special Education Reporting ("SER") Data Coordinator within the Special Education Department of Calcasieu Parish School Board was not prohibited from offering consulting services to SER employees in other parishes under La. R.S. 42:1113A.
AO: 2022-834 - Current Assistant Director of English Learner Support and former classroom teacher that taught English as a second language for New Orleans Public Schools owns, ELLipsis, a private company that trains teacher-students that are learning English and need extra support. ELLipsis was not prohibited from providing these services/ contracting with other schools outside of Orleans Parish under La. R.S. 42:1113A.
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La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to 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.
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.
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. 42:1111A(1)(a) prohibits a public servant from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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