| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits Theodore Sanders, III, President of the New Orleans Achievement Foundation, from serving as Chief Executive Office of the Louisiana Asset Management Pool, Inc. if the New Orleans Achievement Foundation enters into a Cooperative Endeavor Agreement with the Department of Treasury. |
|
The State Treasurer has delegated authority from the Division of Administration to facilitate the payment of line-item appropriations made by the acts of the Louisiana Legislature. The Department of Treasury (Treasury) must enter into cooperative endeavor agreements with every recipient of said funds.
One of the appropriations is to the New Orleans Achievement Foundation (NOAF), a registered nonprofit with the Louisiana Secretary of State. Theodore Sanders, III is the President of NOAF. He receives no income or other economic benefit from this appropriation.
The State Treasurer serves as the President of the Louisiana Asset Management Pool, Inc. (LAMP). LAMP is a cooperative venture non-profit corporation that invests funds for local governmental entities. The Chief Executive Officer of LAMP is Theodore Sanders, III.
The question is whether Theodore Sanders, III can serve in both of these positions while NOAF enters into a cooperative endeavor agreement with the Department of Treasury.
|
|
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; or (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
In State v. Smith, 357 So.2d 505 (La.1978), the Louisiana Supreme Court established four factors to consider when determining whether an entity is a state or public agency, which are (1) whether the entity was created by the legislature, (2) whether its powers were specifically defined by the legislature, (3) whether the property of the entity belongs to the public, and (4) whether the entity's functions are exclusively of a public character and performed solely for the public benefit.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|