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Entry Properties
Last modified
4/1/2024 8:39:23 AM
Creation date
7/11/2022 11:56:33 AM
Metadata
2022-354
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-354
Requesting Party
Toni Celestine
Parties Involved
Toni Celestine
Read the Syllabus
Agency at Issue
South Louisiana Community College
Decision Date
7/8/2022
Law
1111C(1)(a)
1115
Caption
Advisory opinion that the Code of Ethics would not prohibit an employee of the South Louisiana Community College Office of Student Services from providing services through a nonprofit for compenstion as long as though services are not substantially devoted to the operations, programs and responsibilities of her agency and in which she participated.
Ethics Subject Matters
Outside Employment
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Section 1111 of Louisiana's Code of Governmental Ethics prohibits a public servant from receiving any thing <br /> of economic value from a source other than his governmental employer for the performance or any service which <br /> is too closely related to his public duties or for any service which draws upon official information which is not a <br /> part of the public record or if the person making the payment is a prohibited source. The purpose of this <br /> information sheet is to outline some of these restrictions and to highlight some of the most common misconceptions <br /> regarding §1111 of the Ethics Code. <br /> 1111C(1)RESTRICTIONS <br /> A public servant is prohibited from receiving any thing of economic value for any service which: <br /> 1. Is substantially related to the duties and responsibilities, programs, or operations of the <br /> agency of the public servant AND in which the public servant participated; <br /> OR <br /> 2. Substantially draws upon official data or ideas of the agency which have not been made a <br /> part of public information. <br /> Example#1:If you are a Sheriff's Deputy who arrests and detains suspects,could <br /> you work for a private detention facility located in your parish which sometimes houses <br /> suspects when the parish prison is full? <br /> Answer: No,because you participate in the arrest and detention of suspects who <br /> could be housed in the private detention facility. It is the responsibility of the Sheriff's <br /> Office to house the suspects it arrests and when the parish contracts this responsibility <br /> out to the private facility,the private facility becomes a prohibited source of income to <br /> you because the duties and responsibilities you would perform for the private facility <br /> would be too closely related to what you are paid to do for the Sheriff's Office. <br /> However, if we change the facts and the private detention center is located in another <br /> parish,then you could work for the private facility because the suspects who would be <br /> housed there are out of your jurisdiction and you would not have participated in their <br /> arrest and/or detention. Your duties and responsibilities at the private facility in a <br /> different parish would not be substantially related to your duties and responsibilities at <br /> the Sheriff's Office because it is located in a different jurisdiction. <br />
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