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Last modified
1/6/2025 3:16:42 PM
Creation date
11/14/2024 10:42:58 AM
Metadata
2024-394
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2024-394
Requesting Party
Dr. Curtis Penrod
Northwestern State University (NSU)
Parties Involved
Dr. Eddie Horton
Computing Technology Industry Association (CompTIA)
Agency at Issue
NSU School of Business
Computer Information Systems (CIS) Program
Decision Date
11/8/2024
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1123(9)(b)
Caption
The Code of Governmental Ethics prohibits Dr. Eddie Horton, an Associate Professor of Computer Information Systems (CIS) at Northwestern State University (NSU) in the School of Business, from providing compensated teaching services to CompTIA while it has a contractual, business, or financial relationship with the CIS Program within the NSU School of Business.
Ethics Subject Matters
Prohibited Sources
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You ask whether Dr. Horton is prohibited by the Code from providing compensated services to <br /> CompTIA. Dr. Eddie Horton has completed the required outside employment form, which has <br /> been approved through NSU procedures by Dr. Marcus Jones, NSU President; Dr. Greg Handel, <br /> NSU Provost and Vice President for Academic Affairs; and Dr. Mary Stacy, Dean of the College <br /> of Business and Technology. <br /> LAw <br /> La. R.S. 42:1111C(2)(d): No public servant and no legal entity in which the public servant <br /> exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of <br /> economic value for or in consideration of services rendered,or to be rendered,to or for any person <br /> during his public service unless such services are neither performed for, nor compensated by, any <br /> person or from any officer, director, agent, or employee of such person, if such public servant <br /> knows or reasonably should know that such person has or is seeking to obtain contractual or other <br /> business or financial relationships with the public servant's agency; <br /> La. R.S. 42:1123(9)(b)provides the following exception: <br /> The performance of services for compensation for any person, by faculty or staff <br /> members of a public higher education institution, provided the services consist of <br /> consulting related to the academic discipline or expertise of said public employee, <br /> or the continued performance of such services by former faculty or staff members <br /> of a public higher education institution subsequent to the termination of their public <br /> service and notwithstanding contrary provisions of R.S. 42:1121, and provided the <br /> services have been approved in writing by the chief administrative officer of the <br /> public employee's institution in accordance with rules and procedures established <br /> by the management board of the institution,which rules and procedures have been <br /> approved by the Board of Regents and the Board of Ethics. <br /> La. R.S. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, <br /> board, committee, or other organizational unit of a governmental entity. <br /> La. R.S.42:1102(18)(iv)defines"public employee"as any individual who is under the supervision <br /> or authority of an elected official or another employee of the governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official. <br /> La. R.S. 42:1102(20.1) defines "service" as the performance of work, duties, or responsibilities. <br /> ANALYSIS <br /> As an employee of NSU, Dr. Eddie Horton is a public servant pursuant to La. R.S. 42:1102(18) <br /> and(19). Dr. Horton's agency for purposes of the Code is the CIS Program within the NSU School <br /> of Business pursuant to La. R.S. 42:1102(2)(a). <br /> Page 2 of 3 (BD 2024-394) <br />
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