| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits a member of the Orleans
Parish School Board from working for certain non-profits. |
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Mr. Nolan Marshall is
completing his thirteenth year as an elected member of the Orleans Parish
School Board ("OPSB"). Except for one school, all public schools in Orleans
Parish are operated by independent charter organizations. State legislation
grants these charter operators full autonomy over programming, staffing, and
resource allocation. As a result, the OPSB's ability to directly influence the experiences,
opportunities, and support provided to students is limited.
Mr. Marshall is currently
working to establish The Learning Community Center ("TLCC") as a 501(c)(3) organization
to serve as an umbrella entity that expands community engagement in the
education and development of future citizens. This organization is envisioned
to operate independently of OPSB's authority and decision-making and to partner
with community, philanthropic, and private entities.
One initiative
envisioned under TLCC is Lot to Legacy ("LTL"), which is focused on workforce
and affordable housing opportunities for teachers and first responders. This
initiative is not connected to any specific OPSB property or surplus
disposition at the time it was discussed.
Earlier this year, Mr.
Marshall contacted Mr. Williams, a developer and owner of NOLA Affordable
Housing, LLC, to explore whether he might be interested in participating in
nonprofit efforts related to workforce and affordable housing. At that time, no
specific property was under discussion. Subsequently, OPSB approved a series of surplus property dispositions. The vote was not
parcel-specific, and I did not influence, negotiate, or advocate for the
disposition of any particular property or purchaser.
Certain surplus OPSB
properties were later offered for sale through a public auction process. Mr. Williams,
through his private entity, NOLA Affordable Housing, LLC, independently pursued
and successfully acquired a parcel. The
acquisition occurred at arm's length through the established auction process, and
no other bidders pursued the property.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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