| Advisory opinion request from Kim Nesmith, an employee of the Louisiana Department of Education, as to whether she may provide contract services to Future of Privacy Forum. |
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Kim Nesmith is employed by the La. Department of Education ("DOE") as the Data Governance and Privacy Director. As part of her duties, Ms. Nesmith advises and trains on student data privacy laws, data governance best practices, and data security. She also presents in several national forums regarding data governance and privacy, as well as the materials she creates for DOE.
Ms. Nesmith has been asked by the non-profit organization, Future of Privacy Forum, to contract with them to develop materials to educate other state departments of education regarding student data privacy. She stated that these materials would not be based on the materials she has produced for DOE and that all work would be performed in the evenings and weekends, outside of her normal working hours. Ms. Nesmith also stated that Future of Privacy Forum has no contracts with DOE and neither provides, nor receives, any services from DOE.
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La. R.S. 42:1111A(1)(a) prohibits a public servant 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 anything 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.
AO 2014-939: Employee of Livingston Parish Tax Assessor's office not prohibited by 1111C(1)(a) from providing tax services to taxing districts outside of Livingston Parish.
AO 2011-858: Education Program Consultant employed by the Dept of Education would be prohibited by 1111C(1)(a) from providing consulting services to any person that may receive similar services through her agency.
AO 2009-245B: Contracts/Grant Reviewer employed by the Dept. of Education was not prohibited by 1111C(1)(a) from conducting federal grant workshop because it did not involve state grants and/or contracts.
AO 2008-597: Education Program Consultant employed by the Dept. of Education was not prohibited by 1111A(1)(a) and 1111C(1)(a) from seeking part-time employment provided that she did not render services to the same clients who receive services through her agency.
AO 2004-745: Employee of the Dept. of Education not prohibited by 1111C(1)(a) from performing workshops for the North Carolina Dept. of Instruction since it was not part of the duties and responsibilities of her agency to provide these services to agencies of other states.
AO 2002-435: Employee of the Dept. of Education not prohibited by 1111C(1)(a) from providing compensated services to out-of-state entities since they were not devoted substantially to responsibilities of her agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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