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2023-427
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2023-427
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Entry Properties
Last modified
4/1/2024 8:42:34 AM
Creation date
7/10/2023 11:00:43 AM
Metadata
2023-427
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-427
Requesting Party
Judy Dupuy
Agency at Issue
Louisiana Crime Victims Reparations Board
Decision Date
7/7/2023
Law
La. R.S. 42:1111(E)(1)
La. R.S. 42:1111(C)(2)(d)
La. R.S. 42:1113(B)
La. R.S. 42:1112(B)
La. R.S. 42:1112(B)(5)
La. R.S. 42:1112(A)
Caption
The Code of Governmental Ethics prohibits members of the Crime Victims Reparations Board from assisting clients for compensation in transactions involving the Reparations Board.
Ethics Subject Matters
Prohibited Transactions
Prohibited Sources
Participation
Outside Employment
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LAW <br /> La. R.S. 42:1112(B): No public servant, except as provided in R.S. 42:1120, shall participate in a <br /> transaction involving the governmental entity in which, to his actual knowledge, any of the <br /> following persons has a substantial economic interest: <br /> (5) Any person who is a party to an existing contract with such public servant, or <br /> with any legal entity in which the public servant exercises control or owns an <br /> interest in excess of twenty-five percent, or who owes anything of economic value <br /> to such public servant, or to any legal entity in which the public servant exercises <br /> control or owns an interest in excess of twenty-five percent, and who by reason <br /> thereof is in a position to affect directly the economic interests of such public <br /> servant. <br /> La. R.S. 42:1120.4 provides the following recusal provisions: <br /> A. If any appointed member of a board or commission in the discharge of a duty or <br /> responsibility of his office or position,would be required to vote on a matter which <br /> vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. <br /> B. An appointed member of a board or commission who recuses himself from <br /> voting pursuant to this Section shall be prohibited from participating in <br /> discussion and debate concerning the matter. <br /> ANALYSIS <br /> La. R.S. 42:1112(B)(5) prohibits each Reparations Board member from participating in any <br /> transaction in which a person has a substantial economic interest, such as a claim for awards, if <br /> that person has a contractual relationship with the appointed Reparations Board member, or that <br /> person owes anything of economic value to the Reparations Board member. As a result, La. R.S. <br /> 42:1112(B)(5) prohibits an appointed Reparations Board member from participating in any <br /> transaction involving a client, when the client has a contractual relationship with the appointed <br /> Reparations Board member, or owes any thing of economic value to the appointed Reparations <br /> Board member. La.R.S.42:1120.4 further requires the appointed Reparations Board member from <br /> participating in the vote, discussion, or debate on the matter. <br /> ISSUE No.6-DISCUSSION OF RULES®ULATIONS <br /> You ask whether a Reparations Board member who is a licensed clinical social worker, <br /> professional counselor, or healthcare provider may participate in any discussion regarding the <br /> creation of Reparations Board rules and regulations, provider certification forms, or policies that <br /> address and implement the certification process to be used by a practitioner. <br /> Page 5 of 7 (BD 2023-427) <br />
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