| Advisory Opinion request from Rep. Rashid Young, as to whether the Code of Governmental Ethics (the "Code") permits him to contract with or be employed by a Louisiana charter school authorized by the Louisiana Board of Elementary and Secondary Education ("BESE") while he serves as a state representative. |
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Rep. Young was elected to the office of State Representative, 11th Representative District in October 2023. He is interested in becoming employed by, or performing services under a contract with, a school created to a charter authorized by BESE, commonly referred to as a "Type II Charter School." He states that he would refrain from voting on matters that would affect the financial interest of any school that he is employed by or contracts with.
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La. R.S. 42:1112B(3) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1113D provides that no state legislator shall enter into any contract with state government.
La. R.S. 42:1120 provides an exception for an elected official to recuse themselves from voting on matters that violate section 1112 of the Code. The official may discuss and debate the matter, provided that he makes the disclosure of his conflict prior to his participation in such debate or discussion and prior to the vote.
La. R.S. 42:1102(2)(a)(iv) defines "agency" to mean, for legislators, the legislative branch.
La. R.S. 42:1102(8) defines "elected official" 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(13) defines "legislator" to mean any person holding office in the Senate or the House of Representatives of the Louisiana Legislature which is filled by the vote of the appropriate electorate.
La. R.S. 42:1102(18) defines "public servant" to mean a public employee or an elected official.
La. R.S. 42:1113D(1)(a)(v) defines "state government" to mean any branch, agency, department, or institution of state government or with the Louisiana Insurance Guaranty Association, the Louisiana Health Insurance Guaranty Association, or any other state quasi public entity created in law.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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