| Advisory opinion request regarding whether Joseph DeVillier, a former member of the Acadiana Area Human Services District, may be employed at the Joseph Tyler Mental Health Center. |
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The Board has received additional information from the Executive Director for AAHSD, Brad Farmer, which states that AAHSD was created legislatively by Act 373 of 2008 as a local governmental entity (LGE), a "political subdivision" of the State. AAHSD was created to be the management/operating entity to take over behavioral health services, developmental disabilities services, and public health services from the Department of Health and Hospitals (DHH). AAHSD is governed by a ten - member board of directors one person from each parish within our service area, and three `at large' members appointed by the Governor's office. The Board of Directors is responsible for hiring, evaluating, and dismissing the Executive Director; the Executive Director reports to the Board and is their only employee. The Executive Director is the `appointing authority' for all employees within the District all hiring, disciplinary /corrective action, up to and including termination, must be signed/approved by the Executive Director. AAHSD operates all service programs via an MOU with DHH. All the employees within the administrative and service programs are employees of the AAHSD. Employees are still part of the State Civil Service system and participate in State benefits and retirement; however, employees are not DHH employees, they are employees of AAHSD.
Mr. Joseph C. DeVillier was a member of the AAHSD Board of Directors (appointed by St. Landry parish) and served in this capacity until his term expired in April 2013. He was a member of the Board at the time the current Executive Director was hired. Mr. DeVillier is an LCSW and does qualify for the position at the Tyler Behavioral Health Center. If Mr. DeVillier were offered and accepted this position - he would not be an employee of DHH assigned to this position, he would be an employee of AAHSD. This offer of employment would have to be approved and signed by the Executive Director - the Executive Director does not have to participate in the interviewing process, but does have to sign as the 'appointing authority'.
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This matter was originally heard by the Board on August 16, 2013 in Docket No. 2013-938. Joseph DeVillier served as a member the Acadiana Area Human Services District ("District") until his term expired in April, 2013. He would now like to apply for a management position at Joseph Tyler Mental Health Center located in Lafayette, Louisiana. The District is bound by the Policy Governance Model which applies to Human Service Districts in the state of Louisiana. The Policy Governance Model allows the District to develop and implement policy and procedures of Joseph Tyler Mental Health Center, but prevents involvement in any hiring or personnel decisions. All hiring decisions are made by the Executive Director of Joseph Tyler Mental Health Center. If Mr. DeVillier were hired for this position, he would be considered a civil service employee with the Department of Health and Hospitals and assigned to work as the manager of Joseph Tyler Mental Health Center.
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La. R.S. 42:1121A(2) states that no former member of a board or commission shall, for a period of two years, following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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