| Advisory opinion regarding whether the Code of Governmental Ethics would prohibit Alice Anthony, a Social Worker 5 for the Office of Juvenile Justice(OJJ), from continuing outside employment with Progressive of Seaside once Progressive of Seaside enters into a contract with OJJ. |
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Ms. Alice Anthony requested an advisory opinion regarding whether the Code of Governmental Ethics would prohibit her, as a Social Worker 5 for OJJ, from continuing outside employment with Progressive of Seaside once Progressive of Seaside enters into a contract with OJJ. Ms. Anthony's job duties for OJJ include providing therapeutic services to adolescents ages 10-21. For many years now she has also been employed part-time with Progressive of Seaside. Progressive of Seaside is an adult inpatient substance abuse and mental health facility. OJJ recently began contracting with Progressive of Seaside to provide services through Provisions Residential Treatment Facility. The contract is to house adolescents with mental health concerns. She provided that she would not be servicing adolescents who are inpatients at Progressive of Seaside. She stated that in her public capacity she would only serve juveniles, and while in her private employment with Progressive of Seaside, she would only serve adults.
Further, she stated that she do not have any ownership interest in Progressive of Seaside. She is not an officer, director, trustee or partner in Progressive of Seaside. She has been employed by Progressive of Seaside for 11 years to work part-time on the weekends earning a flat rate of $50.00 per hour. She stated that the contract between OJJ and Progressive of Seaside will not affect her employment with Progressive of Seaside if she was allowed to continue working there.
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La. R.S. 42:1111C(2)(d) prohibits a public servant, or a legal entity in which the public servant exercises control, from receiving a thing of economic value for services rendered to any person who conducts operations or activities that are regulated by the public employee's agency or has or is seeking to obtain a business or financial relationship with the public employee's agency.
La. R.S. 42:1114 requires a public servant, and each immediate family member ,who derives a thing of economic value, directly, through any transaction, involving the agency of such public servant or who derives a thing of economic value through a person which has bid on or entered into or is in any way financially interested in any contract, subcontract, or any other transaction under the supervision or jurisdiction of the agency of such public shall file a disclosure statement annually with the Board of Ethics stating: 1) the amount of income derived, 2) the nature of the business activity, 3) name and address, and relationship to the public servant, and 4) the name and business address of the legal entity.
Ethics Board Docket No. 82-02-D provides a limited exception to the prohibition contained in Section 1111C(2)(d) of the Code when certain factors are met: 1) the public servant must be regularly compensated by the non-governmental employer pursuant to a uniform standard (i.e., a salaried or wage-earning employee), 2) the salary of the public servant is unaffected by the business relationship between the non-governmental employer and the agency of the public servant, 3) the public servant owns less than a controlling interest in the non-governmental employer, and 4) the public servant is neither an officer, director, trustee or partner in the non-governmental employer.
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To be made at the meeting.
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| Assigned Attorney: |
Suzanne Mooney |
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