Meetings
 
Agenda Item
Docket No. 14-640
 
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RE:
Advisory opinion request regarding whether a former investigator with the Louisiana State Board of Examiners of Psychologists that may be appointed to the Board of Directors may participate in disciplinary proceedings involving cases the investigator was involved in.
Facts:
The Governor will soon appoint new members to the Louisiana State Board of Examiners of Psychologists Board of Directors from a list of nominees submitted by the Louisiana Psychological Association. A licensed psychologist, Dr. Constance Patterson, self nominated herself for the Board of Directors while being under contract with the Board as an Investigator/Complaint's Consultant. Dr. Patterson contracted with the Board from March 2011 until December 2013, when she resigned after nominating herself for the Board seat. The Governor will make his appointments at the end of June 2014.

During the time Dr. Patterson contracted with the Board, she had access to confidential investigations on 31 licensed psychologists. She produced reports, interviewed witnesses and participated in confidential meetings. Out of the 31 cases, 19 have been officially closed.

The Louisiana State Board of Examiners of Psychologists has posed three questions regarding potential conflict of interests if Dr. Patterson is appointed by the Governor.

(1) The complaint process is confidential, no information is released to board members, including the details of the investigation, the identity of the licenses psychologist or the investigation report unless there is a formal disciplinary action. Is there a potential ethical conflict if an appointed Board member knows previous, detailed information about a licensed psychologist that may present to the Board in that same disciplinary matter or a future matter? Would they be required to recuse themselves?

(2) Could a psychologist being investigated be able to allege an ethical breach on behalf of the board?

(3) Since the law requires at least an affirmative vote of 4 of the 5 members, will this create an obstacle for the Board to appropriately discipline psychologists with a former investigator as a member of the Board?

Law:
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.

La. R.S. 42:1120.4 provides an exception for appointed members of a board or commission to recuse themselves from voting on matters that violate section 1112 of the Code. The appointed members may not discuss and debate the matter.

Recommendations:
Adopt the proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-640 Draft Opinion Agenda
2014-640: Advisory Opinion Request
2014-640: Correspondence from LPA