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Advisory opinion regarding whether Valerie Harvey may become a contract employee with Northwestern State University (NSU). |
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Ms. Valerie Harvey was employed full-time by the Department of Children and Family Services (DCFS) for 30 years when she retired on October 31, 2011. Ms. Harvey performed several jobs including supervision and program manager in the Orleans Parish and Thibodaux Region and trainer. Ms. Harvey was a Child Welfare Specialist 5A where she was responsible for training DCFS staff through out the child welfare service array including new workers and incumbent workers throughout the continuum of child welfare practice.
She is now considering contracting directly with DCFS or contracting with Northwestern State University to perform child welfare training for current DCFS administrative employees.
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This matter was continued from a previous meeting to determine whether the training division at DCFS was being privatized. According to information received, the training division still exists and these services are not being privatized, just supplemented by training services provided by contract through NSU.
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La. R.S. 42:1121B prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121B prohibits a former public servant, for two years, from assisting another person, for compensation, in a transaction in which she participated during her public employment and which involves the governmental entity.
La. R.S. 42:1102 (16) defines person as an individual or legal entity other than a governmental entity or agency thereof.
Ethics Board Docket No. 2012-045 held that a former employee of DSS was prohibited from contracting with NSU to perform coaching services since the former employee had provided similar or same services during her employment.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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