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Last modified
7/12/2021 10:14:50 AM
Creation date
4/16/2019 10:35:59 AM
Metadata
2019-326
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-326
Requesting Party
Marshall Hevron
Decision Date
4/12/2019
Law
La. R.S. 42:1111A
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1111E(1)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit employees of Ochsner Medical Center from serving on the Discovery Health Sciences Charter School Board while Ochsner and Discovery have a partnership agreement since there is an exception found in La. R.S. 17:3991.1 for such scenarios.
Ethics Subject Matters
Prohibited Contracts
Prohibited Transactions
Payment - Not Duly Entitled
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April 16, 2019 <br /> Ethics Board Docket No. 2019-326 <br /> Mr. Marshall Hevron <br /> Page 2 <br /> LAW <br /> . La.R.S. 17:3991.1A provides that the legislature finds and declares that(1)the economic vitality <br /> of the state is dependent upon the education of its people,including its current and future workforce; <br /> (2) The performance of Louisiana's public education system is critical in providing every Louisiana <br /> child with the ability to graduate equipped to enter college or the workplace,obtain a rewarding and <br /> self-sustaining career, and contribute to society in meaningful ways; (3) High-quality educational <br /> options are essential to the academic growth of Louisiana's students and the ability of the state to <br /> attract businesses,a highly talented workforce,and expand existing businesses;and,(4) Partnerships <br /> between businesses and the state's public education system can result in positive outcomes for <br /> children, providing much needed resources for schools and rich experiences for students to help <br /> prepare them to be effective employees and productive citizens. <br /> La.R.S. 17:3991.1B provides(1)notwithstanding geographic or other requirements for enrollment <br /> contained in this Chapter, a charter agreement may provide, initially or by amendment, for the <br /> enrollment of and an enrollment preference for dependent children of permanent employees of a <br /> corporate partner as defined by Subsection C of this Section. Up to fifty percent of the school's <br /> maximum enrollment may be reserved for the enrollment of such children. The charter agreement <br /> shall specify both the school's maximum enrollment and the maximum proportion set aside for <br /> implementation of this enrollment preference;and,(2)a charter agreement may provide,initially <br /> or by amendment, for a corporate partner to have representation on its governing or <br /> management board;however,such representation may not constitute a majority of the board. <br /> Such membership is subject to all other provisions of law except any contrary provision in this <br /> Chapter. <br /> La. R.S. 17:3991.1C provides for purposes of this Section, a corporate partner is any legal entity, <br /> whether for profit or not for profit, registered with the secretary of state, except a corporation <br /> identified in R.S. 18:1505.2(L)(3), that has, acting individually or as part of a consortium of <br /> corporations,donated one or more of the following to the school: (1) The land on which the school <br /> is built;(2) The school building or the space the school occupies. If the corporate partner is leasing <br /> the building or space to the school, the enrollment preference or board membership may only be <br /> provided in the charter agreement if the lease provides that the building or space is made available <br /> without cost and if the term of the lease is not less than the duration of the charter agreement; or,(3) <br /> Major renovations to the existing school building or other capital improvements including major <br /> investments in technology. For purposes of this Paragraph,a major renovation to the existing school <br /> building means changes that provide significant opportunities for substantial improvement including <br /> but not limited to a structural change to the foundation, roof, floor, or interior or exterior walls or <br /> extension of an existing facility to increase its floor area; or an extensive alteration of an existing <br /> facility, such as a change in its function or purpose, even if such renovation does not include any <br /> structural change to the facility. A major investment in technology includes but is not limited to a <br />
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