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Last modified
7/12/2021 2:18:14 PM
Creation date
5/29/2013 10:16:28 AM
Metadata
2013-476
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2013-476
Requesting Party
Leslie Ellison
Vice President, Orleans Parish School Board
Parties Involved
Ellison Builders LLC
Recovery School District
Phyllis Wheatley
Eleanor McCain High School
Gibbs Construction LLC
Jacobs-CSRS
Orleans Parish School Board
Agency at Issue
Orleans Parish School Board
Decision Date
5/17/2013
Law
1113
1112
1114
1120
Caption
Ms. Leslie Ellison, Vice President of the Orleans Parish School Board, requested an advisory opinion regarding Ellison Builders, LLC which is a company owned by Ms. Ellison's brother, may enter into a subcontract with the Orleans Parish School Board.
Ethics Subject Matters
Participation
Disclosure - Other
Prohibited Contracts
Recusal
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Ms. Leslie Ellison <br /> May 23, 2013 <br /> Ethics Board Docket No. 2013-476 <br /> Page 2 <br /> 42:1113? <br /> 2.) If it is not precluded, and Ellison Builders, L.L.C., is hired as a subcontractor on an <br /> OPSB project,are you precluded from participating in OPSB actions related to such projects <br /> pursuant to R.S. 42:1112? <br /> 3.) It is your understanding that your brother is required to comply with the financial <br /> disclosure mandates contained in La. R.S.42:1114, if his company receives compensation <br /> as a result of work performed on OPSB projects. Is such compliance required when his <br /> company is compensated for work performed on RSD projects? <br /> Subcontracts and Section 1113 <br /> In regards to your initial question the Board concluded and instructed me to inform you that the Code of <br /> Ethics will not prohibit Ellison Builders from entering into subcontracts with general contractors hired by <br /> the RSD, however, Ellison Builders would be prohibited from becoming subcontractor on a project where <br /> the contractor was selected by the OPSB. Section 1113A of the Code of Ethics states that the immediate <br /> family member of a public servant or a legal entity in which he has a controlling interest,may not bid on,or <br /> enter into,and contract,subcontract,or other transaction under the supervision or jurisdiction of the public <br /> servant's agency. As school board member for the OPSB,your agency is the Orleans Parish School Board. <br /> Were Ellison Builders to enter into a subcontract to perform work on the McCain Project, the company <br /> would be entering into a subcontract under the jurisdiction of the OPSB in violation of Section 1113A of the <br /> Code of Ethics. However, if Ellison Builders were selected as subcontractor for the Wheatley Project then <br /> no violation of the Code would exist since the Wheatley Project is under the jurisdiction of the RSD,and not <br /> the OPSB. <br /> Participation and Section 1112 <br /> Concerning your participation in a matter in which your brother's company has a substantial economic <br /> interest,the Board concluded that you would have to recuse yourself in such matters. According to Section <br /> 1112 of the Code of Ethics, a public servant,except as provided in R.S. 42:1120, shall not participate in a <br /> transaction involving the governmental to which any member of her immediate family has a substantial <br /> economic interest. Section 1120 provides the parameters for recusal. Section 1120 states that if any elected <br /> official, in the discharge of a duty or responsibility of her office or position, would be required to vote on <br /> a matter which would be a violation of Section 1112,she shall recuse herself from voting. An elected official <br /> who recuses herself from voting shall not be prohibited from participating in the discussion and debate <br /> concerning the matter, provided that she makes the disclosure of her conflict or potential conflict a part of <br /> the record of her agency prior to participation in the discussion or debate and prior to the vote that is the <br /> subject of the discussion or debate. Therefore, you may participate in the debate or discussion of matter <br /> which concerns Ellison Builders before the OPSB,so long as you recuse yourself from the vote on the matter <br /> and make any potential conflict a part of the record prior to debate or discussion. It should be noted, <br />
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