2011-930
Created By: Latisha Thomas on 06/20/2011 at 01:34 PM
Category: Ethics Advisory Opinions
Caption:

June 20, 2011


Ms. Josie G. Frank
27th Judicial District Court
Hearing Officer
118 South Court Street, Suite 132
Opelousas, Louisiana 70570

Re: Ethics Board Docket No. 2011-930

Dear Ms. Frank:

The Louisiana Board of Ethics, at its June 17, 2011 meeting, considered your request for an advisory opinion as to whether you, a member of the St. Landry Parish School Board, may participate in the vote to approve/disapprove a charter school application submitted to the St. Landry Parish School Board on behalf of a nonprofit organization on which your son serves as a board member. You stated that your son receives no monetary benefit for his service on the nonprofit organization’s board.

The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not prohibit you from participating in the vote to approve/disapprove a charter school application submitted to the St. Landry Parish School Board on behalf of a nonprofit organization on which your son serves as a board member. Section 1112B(1) of the Code prohibits a public servant from participating in a transaction involving his governmental entity in which a member of his immediate family has a substantial economic interest. Since your son does not appear to have a substantial economic interest in the nonprofit organization, your participation on its charter school application is not prohibited by Section 1112B(1) of the Code.

However, the Board concluded, and instructed me to inform you, that Section 1113A of the Code would prohibit your son from appearing before the St. Landry Parish School Board on behalf of the nonprofit organization while you serve as a member of the school board. Section 1113A prohibits a public servant, a member of his immediate family or a legal entity in which either owns a controlling interest, from bidding on or entering into a contract, subcontract or transaction that is under the supervision or jurisdiction of the public servant's agency.

This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Ethics. The


Ms. Josie G. Frank
June 20, 2011
Ethics Board Docket no. 2011-930
Page 2

Board issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600.

Sincerely,

LOUISIANA BOARD OF ETHICS



______________________________
Tracy M. Barker
For the Board

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