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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
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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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Mr. Brian Adams <br /> September 25, 2017 <br /> Ethics Board Docket No. 2017-770 <br /> Page 2 <br /> The Board also concluded,and instructed me to inform you,the La.R.S.42:1112B(3)would prohibit <br /> you from participating in any transactions involving the East Baton Rouge Parish School Board in <br /> which TFA has substantial economic interest. La. R.S. 42:1112B(3) states that no public servant <br /> shall participate in a transaction involving the governmental entity in which,to his actual knowledge, <br /> any person of which he is an officer, director, trustee, partner, or employee has a substantial <br /> economic interest. However, it should be noted that La. R.S. 42:1120 provides that any elected <br /> official,who is required to vote on a matter in violation of Section 1112 of the Code, must recuse <br /> himself from voting. The elected official is not prohibited from participating in discussion and <br /> debate concerning the matter provided that he verbally discloses the nature of the conflict or potential <br /> conflict prior to his participation in the discussion or debate and prior to any vote being taken. <br /> Further,the Board concluded,and instructed me to inform you,that Section 1114 of the Code would <br /> require you to file a financial disclosure statement each year disclosing the income you receive from <br /> TFA. La. R.S. 42:1114 of the Code provides that each public servant and each member of his <br /> immediate family who derives anything of economic value of which he may be reasonably expected <br /> to know through a person which has bid on or entered into or is in any way financially interested in <br /> any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of <br /> such public servant shall disclose certain information as set forth in Section 1114. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics. If <br /> you have any questions, please contact me at(800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUIS ANA BOARD OF ETHICS <br /> Tracy M. :ar, �r <br /> For the Bo. d <br />
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