| Advisory opinion request regarding whether Elizabeth deEtte Smythe may provide compensated services as a subject matter expert with the U.S. Department of Justice. |
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Elizabeth deEtte Smythe is currently employed as the Engineering Regulatory Coordinator in the Department of Development-Engineering for St. Tammany Parish.
The U.S. Department of Justice (DOJ) is seeking a subject matter expert (SME) for an audit for East Baton Rouge Parish's Multiple Separate Storm Sewer System (MS4) permit. The SME will review documents on water quality monitoring and MS4 program implementation, produce a report on regulatory compliance, and serve as an expert witness in court. The DOJ is representing the U.S. Environmental Protection Agency (EPA) in this audit. The EPA regulates all MS4 communities in the nation. St. Tammany Parish obtains its MS4 permit from the Louisiana Department of Environmental Quality (LDEQ), the state partner of EPA and a co-plaintiff with EPA in the enforcement action. The audit to be performed for the DOJ is independent of St. Tammany Parish and Ms. Smythe would not be participating in anything in which she participated as an employee of St. Tammany Parish. All work performed as a SME will be conducted outside of her employment with St. Tammany Parish.
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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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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