| Advisory opinion regarding whether the Code of Governmental Ethics (the "Code") prohibits
Precious Beginnings Academy, a childcare center owned by the mother of an employee of the Rapides Parish School System, from entering into a contract with the Rapides Parish School Board. |
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The Rapides Parish School Board
administers the Rapides Early Childhood Network Program. The Program is administered by the Director
of Early Childhood Learning, Cindy Rushing. The Program is housed at the RPSB's
Central Office. Ms. Rushing contacts
childcare centers in the area to determine if they are eligible for funding
through the Program.
Deidra Anderson is the Principal at
Rapides Training Academy, a school under the jurisdiction of the RPSB. Ms. Anderson's mother, Linda Anderson, owns
Precious Beginnings Academy, and Ms. Anderson is the Secretary/Treasurer.
RPSB would like to know whether Precious
Beginnings Academy may continue to participate in the Rapides Early Childhood
Network Program while Deidra Anderson is employed as the Principal of Rapides Training
Academy. Rapides Training Academy is not
involved with the Rapides Early Childhood Network Program.
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La.
R.S. 42:1113A states 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)(vi) defines "agency" to mean, 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(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 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 proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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