| Advisory opinion request regarding whether the Code of Governmental Ethics prohibit a teacher at Beekman Charter School from continuing to work for Beekman if elected to the Morehouse Parish School Board. |
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A teacher at Beekman Charter School ("Beekman") is interested in serving on the Morehouse Parish School Board. Beekman is a Type 3 charter school, and the Morehouse Parish School Board issued the charter to Beekman.
Several times a year, the Morehouse Parish School Board votes on matters regarding Beekman, including but not limited to moneys owed to the parish by Beekman or vice versa; the yearly holiday schedule where Beekman operates and its staff works on some days which the Parish has designated as holidays for other schools; and the approval of Beekman taking a bond loan against a district tax which is only available to Beekman.
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La. R.S. 42:1111C(2) 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:
(a) Bona fide and actually performed by the public servant or by the entity;
(b) Not within the course of his official duties;
(c) Not prohibited by R.S. 42:1112 or by applicable laws or regulations governing nonpublic employment for such public servant; and
(d) 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. 42:1111C(6) provides that, notwithstanding La. R.S.
42:1111C(2)(d), a member of a school board or parish or municipal governing
authority may continue employment with a person who has or is seeking a
contractual or other business or financial relationship with his governmental
entity or an agency under the jurisdiction or supervision of his governmental
entity, provided that all of the following conditions are met:
(a)
The member is a salaried or wage-earning employee of his employer.
(b)
The compensation of the member is substantially unaffected by his employer's
contractual or other business or financial relationship with his governmental
entity or other agency under the jurisdiction or supervision of his
governmental entity.
(c)
The member is not an officer, director, trustee, or partner of his employer.
(d)
The member does not own an interest which exceeds one percent of the legal
entity which employs him.
(e)
The member does not participate in any transaction with his governmental entity
or agency under the jurisdiction or supervision of his governmental entity,
including recusing himself from any vote, involving his employer.
(f)
The member complies with the disclosure requirements in R.S. 42:1114. La. R.S. 42:1112A states that no public
servant, except as provided in R.S. 42:1120, shall participate in a transaction
in which he has a personal substantial economic interest of which he may be
reasonably expected to know involving the governmental entity.
La.
R.S. 42:1114 provides that each public servant and each member of his
immediate family who derives anything of economic value, directly, through any
transaction involving the agency of such public servant or who derives any
thing of economic value of which he may be reasonably expected to know through
a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially
interested in any contract, subcontract, or any transaction under the
supervision or jurisdiction of the agency of such public servant shall disclose
certain information as set forth in Section 1114.
La. R.S. 42:1120 provides that if an elected official, in the discharge of a duty or responsibility
of his office or position, would be required to vote on a matter which would be
a violation of R.S. 42:1112, he shall recuse himself from voting. An elected
official who recuses himself from voting pursuant to this Section shall not be
prohibited from participating in discussion and debate concerning the matter,
provided that he makes the disclosure of his conflict or potential conflict a
part of the record of his agency prior to his participation in the discussion
and debate and prior to the vote that is the subject of discussion or debate.
La. R.S. 42:1102(15) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kelsey Simmons |
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