| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits the continued employment of Alicia Carelus, the spouse of Matthew Fairbrother, a member of the Volunteer Louisiana Commission, with Teach for America while Teach for America has a contractual, business or financial relationship with the Volunteer Louisiana Commission. |
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Judd Jeansonne, the Executive Director for Volunteer Louisiana
Commission ("VLC"), requested this opinion as to whether the Commissioner of
VLC, Matthew Fairbrother, may continue to serve as Commissioner while his wife,
Alicia Carelus, is employed as Managing Director of Leadership Development for
Teach for America ("TFA"). In July of 2025, Ms. Carelus accepted the Managing
Director position for TFA, and on November 21, 2025, Mr. Fairbrother and Ms.
Carelus married one another.
TFA is one of the 14 AmeriCorps subgrantees supported by
grants from VLC. Mr. Fairbrother is a voting member of VLC and participates in
discussion and voting on AmeriCorps grant awards, which are federal pass
through dollars awarded by VLC each May on a competitive basis. TFA has an
ongoing business relationship with Americorps.
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La. R.S. 42:1111C(2)(d) states
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 has or is seeking to have a
contractual, business or financial relationship with the public servant's
agency.
La. R.S. 42:1111C(5)(a) states that notwithstanding the provisions
of provides an exception (2)(d) of this Subsection, the spouse of a public
servant may continue employment with a person who has or is seeking a contractual
or other business or financial relationship with the public servant's agency provided
that the following conditions are met:
(i) The spouse is a salaried or wage-earning
employee and has been continuously employed by the person for at least one year
prior to the date the compensated employment would have otherwise initially
been prohibited.
(ii) The compensation of the spouse is substantially
unaffected by a contractual or other business or financial relationship with
the public servant's agency.
(iii) Neither the public servant nor the spouse is an
owner, officer, director, trustee, or partner in the legal entity which has or
is seeking to have the relationship with the public servant's agency.
(iv) The public servant recuses or disqualifies
himself from participating in any transaction involving the spouse's employer
in accordance with R.S. 42:1112 and related rules and regulations.
(v) Either prior to or within ten business days of
the date the compensated employment would otherwise be prohibited, the spouse
and the public servant jointly file with the Board of Ethics a written notice
containing a brief description of the nature of the contractual, business, or
financial relationship with the public servant's agency, the date the spouse
was employed by the person, and any other information required by the board.
(vi) The spouse complies with the disclosure
requirements in R.S. 42:1114.
La.
R.S. 42:1102(16) defines "person" to mean an individual or legal entity
other than a governmental entity, or an agency thereof.
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(23) defines
"Transaction involving the governmental entity" to mean any
proceeding, application, submission, request for a ruling or other
determination, contract, claim, case, or other such particular matter which the
public servant or former public servant of the governmental entity in question
knows or should know: (a) Is, or will
be, the subject of action by the governmental entity. (b) Is one to which the
governmental entity is or will be a party. (c) Is one in which the governmental
entity has a direct interest. A transaction involving the agency of a governmental
entity shall have the same meaning with respect to the agency.
La. R.S. 42:1102(19) defines "public servant" means
a public employee or an elected official.
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(13) defines "immediate family" as the term relates to a public
servant to mean his children, the spouses of his children, his brothers and
their spouses, his sisters and their spouses, his parents, his spouse, and the
parents of his spouse.
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Adopt
the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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