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2022-031
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Entry Properties
Last modified
4/1/2024 8:38:19 AM
Creation date
4/4/2022 11:30:02 AM
Metadata
2022-031
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-031
Requesting Party
Gary McGoffin
Parties Involved
Kristi Touchet
SchoolMint
Agency at Issue
Vermilion Charter School
Decision Date
3/4/2022
Law
1111C(2)(d)
1121A(1)
1121A(2)
Caption
Advisory opinion that a member of the Vermilion Charter School Board may not provide services for compensation to a company that may contract with the charter school; however, she would not be prohibited from accepting employment with the company if she resigns from the charter school board provided she does not assist the company in transactions with the charter school board.
Ethics Subject Matters
Outside Employment
Post Employment
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La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the <br /> termination of his public service as the head of such agency, from assisting another person, for <br /> compensation,in a transaction,or in an appearance in connection with a transaction, involving that <br /> agency or rendering any service on a contractual basis to or for such agency. <br /> La. R.S. 42:1121A(2) prohibits a former member of a board or commission, for a period of two <br /> years following the termination of his public service on such board or commission, from <br /> contracting with, being employed in any capacity by, or being appointed to any position by that <br /> board or commission. <br /> La. R.S. 42:1102. Definitions <br /> (2)(a) "Agency"means a department, office, division, agency, commission, board, committee, or <br /> other organizational unit of a governmental entity. For purposes of this Chapter, "agency of the <br /> public servant" and "his agency" when used in reference to the agency of a public servant shall <br /> mean: <br /> (vi) For public servants of political subdivisions, it shall mean the agency in which the public <br /> servant serves,except that for members of any governing authority and for the elected or appointed <br /> chief executive of a governmental entity, it shall mean the governmental entity. <br /> (16) "Person" means an individual or legal entity other than a governmental entity, or an agency <br /> thereof. <br /> (23) "Transaction involving the governmental entity" means any proceeding, application, <br /> submission,request for ruling or other determination,contract,claim, case,or other such particular <br /> matter which the public servant or former public servant of the governmental entity in question <br /> knows or should know: (a) Is, or will be, the subject of action by the governmental entity; (b) Is <br /> one to which the governmental entity is or will be a party; (c) Is one in which the governmental <br /> entity has a direct interest. <br /> La. R.S. 17:3996B(20) provides that charter school board officers and employees are subject to <br /> the rules and regulations in the Code of Governmental Ethics that apply to public school <br /> employees. <br /> ANALYSIS <br /> Once the VCF's charter is approved and pursuant to La. R.S. 17:3996B(20), VCF board members <br /> would be subject to the restrictions in the Code of Governmental Ethics, including La. R.S. <br /> 42:1111 C(2)(d). As a board member of the VCF,Kristy Touchet's agency would be the Vermilion <br /> Charter Academy. Ms. Touchet is employed by SchoolMint and receives a thing of economic <br /> value for services rendered to SchoolMint in the form of a salary. SchoolMint entered into a <br /> contractual and/or business relationship with CSUSA to provide Vermilion Charter Academy with <br /> administrative software. Once VCF's charter is approved, SchoolMint is a prohibited source of <br /> income to Ms.Touchet, based on the business relationship between SchoolMint and CSUSA to <br /> provide services to Vermilion Charter Academy. Therefore, Ms. Touchet would be prohibited <br /> from receiving any thing of economic value for services rendered from SchoolMint. Additionally, <br /> Page 2 of 3 (BD 2022-031) <br />
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