| A request for an advisory opinion, submitted by Leslie Lacy, concerning whether the Louisiana Code of Governmental Ethics would prohibit her from starting a fund that will furnish foster children with dental braces before they age out of the foster care system while she is an attorney with the State of Louisiana Mental Health Advocacy Service, Child Advocacy Program ("CAP"). |
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Ms. Lacy is a CAP attorney, where she advocates for children in foster care in East Baton Rouge Parish. The CAP is a program within the Mental Health Advocacy Service ("MHAS"). CAP attorneys represent abused and neglected children who have been removed from their homes and/or families and are in the custody of the State of Louisiana through the Department of Children and Family Services. CAP attorneys also represent children who may not have been removed from their families, but who are part of a Family Services case.
Ms. Lacy would like to start a fund that will provide dental braces to children before they age out of the foster care system. To accomplish this goal, she is in discussions with non - profit organizations to ask that they act as a manager or fiscal agent for the fund. Her role in this project would be to speak with organizations to raise awareness of the need and processing the applications submitted on behalf of the children needing dental braces, which is well within the course and scope of her duties as their attorney.
Ms. Lacy stated that none of the businesses that she will be speaking with have a business relationship with the MHAS currently or in the future. Additionally, she stated that none of the businesses are regulated by the MHAS.
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La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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