Meetings
 
Agenda Item
Docket No. 18-405
 
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RE:
Advisory Opinion request from R. Denise Stevenson, a Sanitarian with the Louisiana Department of Health (LDH), who would like to open a restaurant in the region of her assignment with LDH.
Facts:
R. Denise Stevenson works as a Sanitarian in Region 2 with the Louisiana Department of Health (LDH). Region 2 encompasses the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana. As a Sanitarian, Ms. Stevenson is responsible for inspection, investigation, permitting, licensing, and assisting in the enforcement activities of multiple health environmental and consumer protection programs relative to retail food establishments. Ms. Stevenson's assigned areas to inspect within Region 2 include East Feliciana, Zachary and Baker Area, and around Region 2 as needed.

Ms. Stevenson is the sole owner/manager of Barn Yard Cafe, LLC a Louisiana limited liability company she formed to operate a restaurant. Ms. Stevenson would like to own and/or open a restaurant through Barn Yard Cafe, LLC in Region 2 while employed with LDH. The restaurant would be located in Region 2 within the inspection area of East Baton Rouge Parish, University / Scottlandville area. Ms. Stevenson will not handle the day to day operations of the restaurant and intends to hire managers to run the business who would be responsible for food safety and operations compliance. Her only involvement with Barn Yard Cafe, LLC would be to perform payroll functions. Stevenson indicated that she will not receive a salary from Barn Yard Cafe, LLC.


Law:
La. R.S. 42:1113A(1)(a) prohibits a public servant, or member of his immediate family, or legal entity in which he has a controlling interest from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of his agency

La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person who (1) has or is seeking to have a contractual, business or financial relationship with the public servant's agency; (2) conducts operations or activities that are regulated by the public employee's agency; or, (3) has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's official duty.


Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: Greg Thibodeaux
 
 
ATTACHMENTS:
Description:
2018-405 AO Draft _2 - Stevenson
2018-405 Request for Advisory Opinion