Meetings
 
Agenda Item
Docket No. 12-1185
 
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RE:
Advisory opinion request from Ms. Maria Placer as to whether the staff of the Southwest Louisiana Education and Referral Center (232-HELP/LA 211) are subject to the training requirement for public servants found in La. R.S. 42:1170A(3).
Facts:
There are six 211 centers throughout the state, which come together to serve the entire state in times of crisis. LA 211 is a staff of seven who provides twenty-four hour assistance to anyone in need in matters such as a Donated Dental Program, a medical equipment loan service, a prescription medication program for persons who need critical care, a help line to provide transportation needs, and assistance with other unexpected medical needs.
In times of emergency, such as hurricanes, LA 211 becomes an emergency resource for the state by bringing together six 211 systems to form a unified system. During Hurricane Gustav, the Director of Homeland Security asked LA 211 to take superfluous calls which emergency agencies in Lafayette Parish typically handle, but do not require particular expertise. LA 211 ended up fielding hundreds of such calls.
Last year's figures report funding for LA 211 from a number of sources: three area United Way agencies totaling $182,000, the Department of Children and Family Services (DCFS) totaling $43,000 (with state budget cuts LA 211 is no longer funded by DCFS), the City of Lafayette ($30,000), and additional funding comes from grants, private donations, and an aggressive fund-raising campaign.
The employees of LA 211 are not appointed by governmental officials, nor is the organization under the supervision or authority of such of a governmental agency, with the exception being a license by the Public Service Commission. LA 211 is a non-profit 501( c)(3) corporation. Thus a statute does not authorize the creation of LA 211. LA 211 is also not subject to audit by the LA Legislative Auditor.

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


Section 1102(18) defines "public employee" 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. 42:1170A(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.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Brent Durham
 
 
ATTACHMENTS:
Description:
2012-1185 (Draft Opinion)
2012-1185- Advisory Opinion Request
2012-1185 (Follow up Email)