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Last modified
7/12/2021 11:10:05 AM
Creation date
9/25/2017 2:48:47 PM
Metadata
2017-770
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-770
Requesting Party
Brian Adams
Decision Date
9/15/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit an elected member of the East Baton Rouge Parish School Board from providing compensated services for Teach For America, Inc. at a time when Teach For America, Inc. has a contractual relationship with the East Baton Rouge School Board, since he meets the exception in Board Docket No. 82-02D. However, the board member would be prohibited from participating in any transactions involving the East Baton Rouge Parish School Board and Teach For America, Inc in accordance with La. R.S. 42:1120, and would bre required to file a disclosure plan in accordance with La. R.S. 42:1114.
Ethics Subject Matters
Boards and Commissions
Disclosure - Other
Outside Employment
Participation
Payment from Third Parties
Prohibited Sources
Recusal
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��,,, STATE OF LOUISIANA <br /> oOt LOrtf DEPARTMENT OF STATE CIVIL SERVICE <br /> ¢=oN aus�P9 4. <br /> • <br /> ;; LOUISIANA BOARD OF ETHICS* 14,' ;ilk P.O.BOX 4368 <br /> 'aa I BATON ROUGE,LA 70821 <br /> 'YF,oEo o (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> wwwethicsla.goy <br /> September 25, 2017 <br /> Mr. Brian Adams <br /> 2021 Woodchase Blvd. <br /> Baton Rouge,Louisiana 70808 <br /> Re: Ethics Board Docket No. 2017-770 <br /> Dear Mr. Adams: <br /> The Louisiana Board of Ethics, at its September 15, 2017 meeting, considered your request for an <br /> advisory opinion as to whether you may continue to be the Director for District and School <br /> Partnerships for the South Louisiana Region for Teach for America,Inc. (TFA), if you are elected <br /> to the East Baton Rouge Parish School Board in the October 2017 election while the School Board <br /> has a contract with TFA. You stated that you are a candidate for the East Baton Rouge Parish School <br /> Board in the October 2017 election. You are currently employed with TFA. You stated that your <br /> are employed as the Director for District and School Partnerships for the South Louisiana Region. <br /> East Baton Rouge Parish School Board is one of five districts along with various charter schools that <br /> have contracts with TFA. You stated that you present employment candidates to the districts and <br /> charter schools. If elected,you will no longer interact with or be a party to any decisions regarding <br /> TFA and the East Baton Rouge Parish Schools. <br /> In general,La.R.S.42:1111 C(2)(d)prohibits a public servant and a legal entity in which the public <br /> servant exercises control or owns an interest in excess of 25%from receiving any thing of economic <br /> value for services rendered to or for any person during his public service, unless such services are <br /> neither performed for nor compensated by any person that has or is seeking to have a contractual, <br /> business or financial relationship with the public servant's agency. However,in Ethics Board Docket <br /> No. 82-02D the Board provided an exception to Section 1111C(2)(d) of the Code when a public <br /> servant works for a company and the following factors are met: (1)the employee must be a salaried <br /> or wage-earning employee; (2) the employee's salary must remain substantially unaffected by the <br /> contractual relationship; (3) the public servant must own less than a"controlling interest" in the <br /> company; and(4)the public servant must be neither an officer, director, trustee,nor partner in the <br /> company. <br /> The Board concluded,and instructed me to inform you,that the Code of Governmental Ethics would <br /> not prohibit you, while you serve as an elected member of the..East Baton Rouge Parish School <br /> Board, from providing compensated services to TFA at a time when TFA has a contractual <br /> relationship with the East Baton Rouge Parish School Board since you meet the exception in Ethics <br /> Board Docket No. 82-02D. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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