Advisory opinion concerning the potential privatization of all occupational and physical therapists for the East Baton Rouge Parish School System (school system). |
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This advisory opinion was requested by both the school system and Mrs. Emily Greene. The school system stated that the privatization of these services would lead to the elimination of those positions held by employees of the system. The school system asked whether it may contract directly with former employees that were eliminated by this change in policy and whether those former employees, including occupational and physical therapists, could accept employment with private entities, such as First Choice Therapy, who would contract with the school system to perform the same therapy services. First Choice Therapy is owned by Emily Greene. Mrs. Greene is an occupational therapist who was employed by the East Baton Rouge School System until September of 2018. First Choice Therapy is a company that specializes in the provision of licensed therapy services to schools throughout the state. First Choice Therapy currently serves fifteen Louisiana school districts and has provided services since 1995. Mrs. Greene was not a department head and did not supervise any employees during her public service. First Choice Therapy would like to contract with school system employees who will be laid off after the system privatizes and contract back with the system to have these employees provide therapy services. Mrs. Greene would not provide any services herself for the next two years. Further, Mrs. Greene provided that she did not participate in any way in the decision by the school system to privatize therapy services.
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La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121C No legal entity in which the former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist 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 his public service and involving the agency by which he was formerly employed or in which he formerly held office.
BD A.O. 2004 -074 is a prior privatization opinion requested by the East Baton Rouge School Board when they privatization nursing, custodial, maintenance and grounds upkeep services. The Board held that based on the unique circumstances of the privatization of the described services, the Code does not prohibit the former employees who did not participate in the agency's decision to privatize their services from being employed by the private entity since their former agency no longer provides such services.
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Adopt draft advisory opinion.
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Assigned Attorney: |
Suzanne Mooney |
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