| Advisory Opinion Request from Robert Barton, on behalf of Taylor, Porter, Brooks & Phillips, LLC ("Taylor Porter") as to whether the Code of Governmental Ethics allows Taylor Porter to represent the University of New Orleans Foundation (the "UNO Foundation") while providing legal services to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ("LSU"). |
|
Taylor Porter has represented the UNO Foundation for over 10 years. The UNO Foundation is a non-profit corporation created to support the University of New Orleans ("UNO"). During such representation, UNO has been under the supervision and management of the Board of Supervisors for the University of Louisiana System ("UL System").
Taylor Porter also currently provides legal representation for LSU. Under the contract for services between Taylor Porter and LSU, Taylor Porter provides the following legal services:
"Providing general legal advice, consultation and representation to the University to include preparing and/or reviewing contracts of documents; work on property matters; preparing and/or reviewing resolutions or other documents requiring action and/or approval by the Board of Supervisors; reviewing documents relative to gifts, bequests, and endowment; providing advice, representation and consultation regarding insurance, labor and employment, student issues, residency, discipline and admissions, faculty and related issues, federal regulation, fiscal matters, health care regulation, and other such matters as may be referred to Counsel consistent with PM 72 or as directed or requested."
Recent legislative action provides for the transfer of UNO from the UL System to LSU, which transfer will be effected in the near future. Taylor Porter expects that the UNO Foundation will be asked to execute an affiliation agreement with LSU.
|
|
La. R.S. 42:1111C(2)(d) provides 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 neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1102(17)(a) defines "public employee" to mean any person, 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(18) defines "public servant" to mean a public employee or elected official.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|