Meetings
 
Agenda Item
Docket No. 12-666
 
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RE:
Advisory opinion regarding the staff of the private non-profit organization, Acadiana Works, Inc. (AWI), and whether they are classified as "public servants" as defined by the Louisiana Code of Governmental Ethics and thus subject to the training requirement of La. R.S. 42:1170(3).
Facts:
AWI is a contractor of the Workforce Investment Board #40 (who is a contractor of the LA Workforce Commission) to operate Business & Career Solutions Centers in Acadia, Evangeline, Iberia, St. Landry, St. Martin, St. Mary, and Vermilion parishes. Simply put, the LWIA #40 sets the policies, and AWI deals with the public, and provides the services required of the policies set by the LWIA #40.
Essentially the staff assesses the skill levels, aptitudes, and abilities of persons who come in looking for employment to assist them in becoming employable. AWI may provide assistance by developing resumes, developing jobs, taking job vacancies from employers, referring participants to training providers or other agencies that can assist with their employment plans. The one-stop staff also determines what persons are eligible to receive assistance under Title I of the Workforces Investment Act of 1998. Staff is also available to assist with local, regional and national labor market information, and review performance of area training providers.
AWI is mostly federally funded, but in the past has written some grants (at times coordinating with area Technical schools and other foundations in doing so). AWI uses such funds to perform a public service related to employment and training. Local board members select the Director and approve appointments of all permanent staff. There are no governmental appointments of AWI staff.
No statutes authorize AWI's creation, however, the Workforce Investment Act of 1998 makes reference to the creation of a one-stop operator. AWI was created to serve as the one-stop operator. AWI is not subject to an audit by the Legislative Auditor, however, AWI is audited annually by an independent CPA.

Law:
"Public servant" is defined in La. R.S. 42:1102(19) as a public employee or an elected official.


"Public employee" is defined in La. R.S. 42:1102(18)(a) as anyone, whether compensated or not, who is:

(i) An administrative officer or official of a governmental entity who is not filling an elective office.

(ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof.

(iii) Engaged in the performance of a governmental function.

(iv) Under the supervision or authority of an elected official or another employee of the governmental entity.

La. R.S. 42:1170(3) provides an annual training requirement for "public servants" and provides as follows:


Commencing on January 1, 2012 each public servant who was not required to complete education and training pursuant to Paragraph (1) or (2) of this Subsection shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be. (Emphasis added)

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Brent Durham
 
 
ATTACHMENTS:
Description:
2012-666 (Draft Opinion)
2012-666- Advisory Opinion Request
2012-666 (Follow up Correspondence)
2012-666 (Acadiana Works Inc. Articles _ Bylaws)
2012-666- BD No. 2002-470
2012-666- BD No. 2000-1000