| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits a member of the Orleans
Parish School Board from creating a nonprofit which partners with other organizations to create programs to benefit teachers and students. |
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Mr. Nolan Marshall is 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, whom hold charter contracts either with OPSB or BESE. The Louisiana Public Charter School Law
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 program
envisioned under TLCC is Lot to Legacy ("LTL"), which is focused on workforce
and affordable housing opportunities for teachers and first responders. This program was not connected to any specific OPSB property or surplus
disposition at the time it was discussed.
TLCC may partner with NOLA Affordable
Housing, LLC, to explore whether it might be interested in participating in
nonprofit efforts related to workforce and affordable housing. NOLA Affordable Housing, LLC has purchased surplus property from OPSB in the past.
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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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