| Advisory opinion request regarding whether the Code of Governmental Ethics (the "Code") prohibits LG Dance Studio, LLC, a business owned by Gretchen Jones, from entering into a contract with Louisiana Tech University, while Gretchen Jones is an adjunct instructor at Louisiana Tech University. |
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Gretchen Jones is an adjunct instructor of Dance Appreciation in the Department of Kinesiology and an adjunct instructor of Dance for Theatre in the Department of Theatre, both of which are within the College of Education and Human Sciences at Louisiana Tech University ("LA Tech"). Ms. Jones is also the owner and instructor of LG Dance Studio LLC ("LG Dance"), a private business that provides dance and movement instruction.
The Parkinson Resource Center (the "Center") at LA Tech is administered by the Division of Nursing and the School of Communication Sciences and Disorders, both of which are within the College of Applied and Natural Sciences. The Center offers a free weekly Music & Movement class for individuals with Parkinson's disease and their care partners. Ms. Jones would like LG Dance to contract with LA Tech to provide the weekly instruction for the Center's Music & Movement class.
Ms. Jones states that funding for the proposed contract would come from private foundation grants that are administered through LA Tech's Office of Sponsored Projects and/or from private donations that are administered through LA Tech's Foundation. Ms. Jones also states that the College of Education and Human Sciences does not administer the Music & Movement class, supervise the contract, select the instructor, approve payment, or provide the funding for the proposed contract. She further states that she would not participate in LA Tech's decision to contract with LG Dance, she will not negotiate, approve, supervise, or administer the contract on behalf of LA Tech, and her duties and responsibilities as an adjunct instructor are limited to the Department of Kinesiology and Department of Theatre and do not include the Center, the Music & Movement class, grant administration, donor administration, or contracting decisions for the College of Applied and Natural Sciences.
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La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(17)(a) defines "public employee" to mean anyone, 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 an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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