Meetings
 
Agenda Item
Docket No. 12-706
 
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RE:
Advisory opinion regarding whether the members of the board and staff of the private non-profit organization, Northeast Louisiana Workforce Centers, Inc. (NLWC), are "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:
The NLWC is considered a quasi-agency under the Louisiana Workforce Commission, and thus under the guidance of the LA Workforce Commission through the Workforce Investment Act of 1998. The NLWC performs the duties of the LA Workforce Commission as the Workforce Investment Act requires of a one-stop system. The NLWC is federally funded and subject to audit by the Louisiana Legislative Auditor. No statute authorizes the NLWC's creation, rather the NLWC was organized and incorporated in February 2000 to avail itself of the privileges of non-profit corporation law. The purpose of the corporation's formation, as stated in the Articles of Incorporation and Bylaws was to:
provide staffing services to operate programs funds by the Workforce Investment System. . .and. . .be operated only for charitable purposes and for any other legal purpose.

In practice this means that the NLWC contracts with two different Workforce Investment Boards (Workforce Investment Board 82 & 83) to provide staffing services and general job search assistance. The boards cannot directly perform the program functions. So they essentially set the policy and NLWC implements the services required by such policies.
The members of the NLWC Board are appointed by a police jury serving the workforce investment area in which the NLWC is providing staffing services. Selection of employees is made by the program director and subject to Board approval. The staff of the NLWC is under the supervision of its Board of Directors.

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.

According to Section 1170(3), 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.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Brent Durham
 
 
ATTACHMENTS:
Description:
2012-706 (Draft Advisory Opinion)
2012-706- Advisory Opinion Request
2012-706 (Follow-up E-mail)
2012-706- BD No. 2000-1000
2012-706- BD No. 2002-470