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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). |
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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.
According to conversations with the staff of the LA Workforce Commission (LWC), there are eight-teen one stop operators across the state. Six of which (including NLWC) are non-profit organizations. The other twelve are governmental agencies. Fundamentally the non-profits organizations, like NLWC, perform the same functions as the other twelve one-stop operators across the state. Moreover, LWC staff stated that while the one-stop operators receive their funding ultimately from the federal level, the funds are first sent to the state. Such federal funds are distributed to the various states by a formula. Then the LA Workforce Commission distributes the funds to the various local Workforce Investment Areas also by a formula. Thus, the money is funneled from the federal government to the state government and then to the local level.
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"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 1170A(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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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