| Advisory opinion regarding whether the Code of Governmental Ethics
would prevent Danielle Beneville from continuing to provide consulting services to Speducation Evaluation Services while she is employed with the Louisiana Department of Education (LDOE). |
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Ms. Beneville recently accepted a position working as an Education Program Consultant with the LDOE in the Division of Diverse Learner Supports. Prior to her employment with LDOE she was an independent contractor with Speducation Evaluation Services, a company that provides pupil appraisal, special education compliance, and student support services to schools in the Greater New Orleans Area. As a contractor she took and gathered interviews, data, and other information to write and proofread various components of evaluation reports. The company contracts directly with schools. The company does not have any contracts with the Division of Diverse Lerner Supports or LDOE. She stated that she would only work for Speducation Evaluation Services, on her time off or on annual leave. That Speducation Evaluation Services is not regulated by Division of Diverse Lerner Supports or LDOE nor does it have any interest that could be affected by how Ms. Beneville would do her job.
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La. R.S. 42:1111C(2)(d)
provides for payments from nonpublic sources as follows:
C. (2) No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are:
(d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115 provides with respect to gifts:
A. No public servant shall solicit or accept, directly or indirectly, any thing 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:
(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
B. No public employee shall solicit or accept, directly or indirectly, any thing 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: (1)
Conducts operations or activities which are regulated by the public employee's agency or (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt Draft Advisory Opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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