| Advisory Opinion request of Patrick Hymel, a teacher at Dutchtown High School in Ascension Parish. |
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Patrick Hymel is employed by the Ascension Parish School Board as a Geometry and Financial Literacy teacher at Dutchtown High School in Geismar. In September 2017, he began posting videos on a Facebook page "Dtown Voice" covering local events in the Dutchtown community, including events involving Dutchtown High School and its students. None of the interviews are conducted during Mr. Hymel's working hours, with most occurring after-school hours, or before, during, or after a local Dutchtown High sporting event. He is a coach for the freshmen football team; however, he does not cover any of the freshmen football events on "Dtown Voice." He is not a sponsor of any of the school events covered by "Dtown Voice." Mr. Hymel is interested in seeking sponsorships to grow the social media page, including from local businesses. He would utilize his business, PFH Enterprises, LLC to solicit and accept the sponsorships.
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David Alexander, Superintendent for Ascension Parish Schools, sent in a separate advisory request on the same matter. It has been combined with this one and is attached. Per Jeff Diez, attorney for the school system, Ascension Parish has no position on the matter. They are simply looking for guidance from the Board as to whether an employee can participate in this sort of activity.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rend ered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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