| Advisory opinion request regarding the propriety of Gerrelda Davis accepting the position of Executive Director of the Louisiana Primary Care Association. |
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The Louisiana Primary Care Association (Association) is the state trade organization that represents Federally Qualified Health Centers (FQHC) across Louisiana.
Since September 29, 2014, Gerrelda Davis has been employed as a State Budget Management Analyst 4 for the Office of Resource Management and Assistance (Office) within the Division of Administration (DOA). In her position with the Office, Ms. Davis reviews and researches grant opportunities and applications, ensuring funding is consistent with state policies, goals and objectives. The Office provides technical assistance to organizations on federal grant related issues. The Association periodically receives notices from the Office regarding grants related to health care provided by its member organization. However, there has never been a contractual or financial relationship between the Association and the Office.
Prior to September 29, 2014, Ms. Davis was employed as the Director of the Bureau of Primary Care and Rural Health (Bureau) within the Department of Health and Hospital's Office of Public Health (OPH). During her tenure as Director of the Bureau, Ms. Davis worked with the Association to facilitate the development and viability of community health centers, which currently receive approximately $67 million in federal funding to provide health care services to rural and underserved areas. The Bureau and the Association collaborate on various FQHC related endeavors, including workforce development, primary health care services, and community development. Pursuant to a contract approved on December 4, 2015, the Association assists the Bureau in addressing issues specific to Louisiana's FQHCs by providing forums for the exchange of information concerning issues relative to the provision of health care, including but not limited to recruitment, compliance, funding opportunities, regulatory changes, and OPH programs.
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La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the termination of her public service as the head of such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or rendering any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) prohibits a former public employee, for a period of two years following the termination of her public employment, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which she participated at any time during her public employment and involving her former governmental entity, or for a period of two years following termination of her public employment, rendering, any service that she had rendered to the agency during the term of her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of her former agency.
La. R.S. 42:1121C prohibits a legal entity in which a former public servant is an officer, director, trustee, partner, or employee, for a period of two years following the termination of her public service, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during her public service and involving her former agency.
La. R.S. 42:1102(4) defines "assist" to mean to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person.
La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
La. R.S. 42:1102(1) defines "action of a governmental entity" to mean any action on the part of a governmental entity or agency thereof including, but not limited to: (a) Any decision, determination, finding, ruling, or order, including the judgment or verdict of a court or a quasi-judicial board, in which the governmental entity or any of its agencies has an interest, except in such matters involving criminal prosecutions. (b) Any grant, payment, award, license, contract, transaction, decision, sanction, or approval, or the denial thereof, or the failure to act with respect thereto; and in which the governmental entity or any of its agencies has an interest, except in matters involving criminal prosecutions. (c) As the term relates to a public servant of the state, any disposition of any matter by the legislature or any committee thereof; and as the term relates to a public servant of a political subdivision, any disposition of any matter by the governing authority or any committee thereof.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(20) defines "responsibility" to mean the direct administration or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through or with others or subordinates, to effectively direct action of the governmental entity, as the case may be, in respect to such transaction.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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