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2022-355
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Entry Properties
Last modified
4/1/2024 8:39:24 AM
Creation date
7/12/2022 12:52:05 PM
Metadata
2022-355
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-355
Requesting Party
Hunter Brown
Parties Involved
Hunter Brown
Agency at Issue
Louisiana Department of Education
Decision Date
7/8/2022
Law
1111A
1111C(1)(a)
1111C(2)(d)
Caption
Advisory opinion that the Code of Ethics does not prohibit an employee of the Louisiana Department of Education from providing outside consulting services.
Ethics Subject Matters
Outside Employment
Payment from Third Parties
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of Super App (the application school systems submit based on the school <br /> system planning guide), evaluate submitted plans, and manage the budget <br /> for awarding competitive funds to school systems based on submitted plans. <br /> The services you are looking to provide to either small businesses or school systems would <br /> include: <br /> 1. Analyze existing sets of data to assist in identifying trends; and, <br /> 2. Build custom dashboard tools to meet the needs of the data sets being <br /> analyzed. For example, dashboards built in platforms such as Tableau or <br /> Power BI. <br /> None of your LDOE areas of responsibility involve data analysis or the creation of dashboards. <br /> Additionally, you do not have access to platforms such as Tableau or Power BI on your agency <br /> laptop. Second, the criteria identified in the School System Planning Guide are determined by <br /> other offices. You are merely the collector of those criteria for inclusion in the guide. You do not <br /> have influence over what may or may not be asked of school systems in the future. Finally, the <br /> competitive funding you oversee in Super App could not be used to purchase the services you are <br /> seeking to offer due to the fact that allowable expenditures are restricted to predefined lists of <br /> products or vendors. You are not currently a prequalified vendor and will not be in the future. <br /> LAw <br /> La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, <br /> commission,board, committee, or other organizational unit of a governmental entity. "Agency of <br /> the public servant"and"his agency"when used in reference to the agency of a public servant shall <br /> mean for public servants in the twenty principal departments of the executive branch of state <br /> government,the office in which such public servant carries out his primary responsibilities. <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> governmental entity, or an agency thereof. <br /> La.R.S.42:1111(A)prohibits a public employee from receiving anything of economic value,other <br /> than compensation and benefits from the governmental entity to which he is duly entitled, for the <br /> performance of the duties and responsibilities of his office or position. <br /> La. R.S. 42:1111(C)(1)(a)prohibits a public servant from receiving any thing of economic value <br /> for any service, the subject matter of which is devoted substantially to the responsibilities, <br /> programs, or operations of the agency of the public servant and in which the public servant has <br /> participated. <br /> La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> any person during his public service unless such services are: (d) Neither performed for nor <br /> compensated by any person or from any officer, director, agent, or employee of such person, if <br /> Page 2 of 4 <br /> Docket No.2022-355 <br />
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