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A search committee made up of the ranking members of the Foundation's Board of <br /> Directors, including LSU President F. King Alexander, an ex-officio board member, and <br /> Mr. Layzell, the interim Foundation CEO, will interview candidates for the position. The <br /> Foundation's Board of Directors will make the final decision regarding the new <br /> Foundation CEO, while Mr. Alexander will be responsible for filling the LSU VP <br /> position. In his capacity as Foundation CEO, he will report directly to the Foundation's <br /> Board of Directors and will undergo annual performance evaluations without the <br /> involvement of the LSU President. As LSU VP, he will report directly to the LSU <br /> President and be subject to the performance evaluation process required of similar <br /> positions. <br /> Whether La. R.S. 42:1111 prohibits the Foundation's employment and compensation of <br /> the Foundation CEO/LSU VP position? <br /> La. R.S. 42:1111A(1)(a) prohibits a public servant from receiving anything of economic <br /> value, other than compensation and benefits from the governmental entity to which he is <br /> duly entitled, for the performance of the duties and responsibilities of his office or <br /> position. <br /> La. R.S. 42:1111A(1)(b) provides that any supplementary compensation or benefits <br /> provided to an employee of a public higher education institution, board, or system from <br /> funds or property accruing to the benefit of the institution, board, or system as approved <br /> by the appropriate policy or management board, through an alumni organization <br /> recognized by the management board of a college or university within the state or <br /> through a foundation organized by the alumni or other supportive individuals of a college <br /> or university within the state the charter of which specifically provides that the purpose of <br /> the foundation is to aid said college or university in a philanthropic manner shall be <br /> deemed for purposes of this Subsection as compensation and benefits from the <br /> government to which he is duly entitled. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would prohibit the LSU VP, who is also serving as the Foundation CEO, from <br /> being compensated solely by the Foundation. However, La. R.S. 42:1111A(1)(b) would <br /> allow the LSU VP to receive supplementary compensation or benefits from funds <br /> accruing to the benefit of LSU as approved by the appropriate policy or management <br /> board, through the Foundation. Additionally, pursuant to La. R.S. 17:3390B(3), the <br /> Foundation must reimburse LSU, either directly or through in-kind services, for the cost <br /> of LSU employees furnished to support the Foundation. Therefore, the LSU VP must <br /> receive at least some of his compensation directly from LSU, for which the Foundation <br /> must reimburse LSU the portion of his salary attributable to time spent on Foundation <br /> matters and away from his LSU duties. <br />