2016-890 (2) - Laserfiche WebLink

�,,,,,,,,, STATE OF LOUISIANA 4''�F LO�Isf DEPARTMENT OF STATE CIVIL SERVICE LOUISIANA BOARD OF ETHICS l ��!II � yy P.O. BOX 4368 :�' � BATON ROUGE, LA 70821 "" ,,.� (225)219-5600 FAX (225)381-7271 1-800-842-6630 wwwethics.la.gov December 19, 2016 Jacki Schneider Chairman, St. Tammany Recreation District#4 P.O. Box 1490 Lacombe, Louisiana 70445 Re: Ethics Board Docket No. 2016-890(2) Dear Ms. Schneider: The Louisiana Board of Ethics, at its December 16,2016 meeting,considered your request for clarification of prior advisory opinions rendered in Board Docket No. 2016-890 and 2016-770, in regard to St. Tammany Recreation District Number 4 (District). You question is if the post employment restrictions found in the Code of Governmental Ethics would prohibit former member Paul Leary from contracting with his former agency,the District,how can the Lacombe Booster Club (Boosters)of which Mr. Leary is the founder and President be allowed to contract with the District. You stated that Mr. Leary's term on the District Board ended in May 2016. You provided that Mr. Leary started a non-profit organization,the Boosters. Mr. Leary set up the Boosters as a 501 C(3) corporation. The Boosters were established to provide athletic scholarships.There is currently no contractual or business relationship between the Boosters and the District. It was discussed in Board Docket No. 2016-770 that Paul Leary serves as a member of Boosters receiving no compensation.The Boosters raised funds by operating the concession stands for the District,for which the Boosters received no compensation.All of the labor is provided by the Boosters at no cost to the District. It pays for the cost of goods and retains the gross receipts. In Board Docket No. 2016-890, the Board rendered an opinion finding that there are no provisions in the Code of Governmental Ethics that would prohibit the District from accepting donations from the Boosters or Mr. and Mrs. Leary. In Board Docket No. 2016-770, the Board rendered an opinion finding that there are no provisions in the Code of Governmental Ethics that would prohibit the Boosters from entering into a Memorandum of Understanding to perform concession services for the District. Further the Board concluded that the Memorandum of Understanding would not be prohibited because Mr. Leary would not be contracting to perform services for his former agency or becoming employed by his former agency. The Board concluded, and instructed me to advise you that, under the facts provided, even though,as held in Board Docket No. 2016-770,Mr. Leary is prohibited for two years following the termination of his public service from contracting with,being employed in any capacity by,or being appointed to any position by the District, La. R.S. 42:1121C does not prohibit the Boosters from transacting with the District. La. R.S. 42:1121C provides that no legal entity in which the former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years AN EQUAL OPPORTUNITY EMPLOYER