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such public servant knows or reasonably should know that such person has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency; conducts <br /> operations or activities which are regulated by the public employee's agency; or has substantial <br /> economic interests which may be substantially affected by the performance or nonperformance of <br /> the public employee's official duty. <br /> ANALYSIS <br /> Pursuant to La. R.S. 42:1102(2)(a)(i), your agency is the LDOE's Office of Operations, which is <br /> the smallest organizational unit wherein you carry out your primary responsibilities as Executive <br /> Director. La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of <br /> economic value for any service, the subject matter of which is devoted substantially to the <br /> responsibilities,programs,or operations of the agency of the public servant and in which the public <br /> servant has participated. Given that the services that you are seeking to provide are not: 1)devoted <br /> substantially to the responsibilities,programs, or operations of the LDOE's Office of Operations; <br /> and, 2) services in which you have previously participated, La. R.S. 42:1111(C)(1)(a) would not <br /> prohibit you from providing the consulting services you have contemplated. <br /> La. R.S. 42:1111(C)(2)(d) prohibits you from providing services for compensation to prohibited <br /> sources. Prohibited Sources are those persons (individuals and/or entities) who: 1) have or are <br /> seeking contractual, other business, and/or financial relationships with your agency; 2) conduct <br /> operations or activities which are regulated by your agency; and, 3) have substantial economic <br /> interests which may be substantially affected by the performance or nonperformance of your <br /> official duties. La.R.S. 42:1102(16)dictates that public school systems are not"persons"who are <br /> subject to the Code. Therefore, since public school systems are not Prohibited Sources, you are <br /> not prohibited from receiving compensation for your provision of services to public school <br /> systems. Should you have concerns about a specific private school or charter school situation,you <br /> should request a subsequent advisory opinion. <br /> Lastly, La. R.S. 42:1111(A) prohibits a public employee from receiving anything of economic <br /> value, other than compensation and benefits from the governmental entity to which he is duly <br /> entitled, for the performance of the duties and responsibilities of his office or position. You are <br /> advised that La. R.S. 42:1111(A)prohibits you from performing consulting services during LDOE <br /> work hours unless leave is taken. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that based on the facts presented,the Code <br /> does not prohibit you from providing analysis and custom dashboard development services. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Act, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Page 3 of 4 <br /> Docket No.2022-355 <br />