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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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such public servant knows or reasonably should know that such person has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency; conducts <br /> operations or activities which are regulated by the public employee's agency; or has substantial <br /> economic interests which may be substantially affected by the performance or nonperformance of <br /> the public employee's official duty. <br /> ANALYSIS <br /> Pursuant to La. R.S. 42:1102(2)(a)(i), your agency is the LDOE's Office of Operations, which is <br /> the smallest organizational unit wherein you carry out your primary responsibilities as Executive <br /> Director. La. R.S. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of <br /> economic value for any service, the subject matter of which is devoted substantially to the <br /> responsibilities,programs,or operations of the agency of the public servant and in which the public <br /> servant has participated. Given that the services that you are seeking to provide are not: 1)devoted <br /> substantially to the responsibilities,programs, or operations of the LDOE's Office of Operations; <br /> and, 2) services in which you have previously participated, La. R.S. 42:1111(C)(1)(a) would not <br /> prohibit you from providing the consulting services you have contemplated. <br /> La. R.S. 42:1111(C)(2)(d) prohibits you from providing services for compensation to prohibited <br /> sources. Prohibited Sources are those persons (individuals and/or entities) who: 1) have or are <br /> seeking contractual, other business, and/or financial relationships with your agency; 2) conduct <br /> operations or activities which are regulated by your agency; and, 3) have substantial economic <br /> interests which may be substantially affected by the performance or nonperformance of your <br /> official duties. La.R.S. 42:1102(16)dictates that public school systems are not"persons"who are <br /> subject to the Code. Therefore, since public school systems are not Prohibited Sources, you are <br /> not prohibited from receiving compensation for your provision of services to public school <br /> systems. Should you have concerns about a specific private school or charter school situation,you <br /> should request a subsequent advisory opinion. <br /> Lastly, La. R.S. 42:1111(A) prohibits a public employee from receiving anything of economic <br /> value, other than compensation and benefits from the governmental entity to which he is duly <br /> entitled, for the performance of the duties and responsibilities of his office or position. You are <br /> advised that La. R.S. 42:1111(A)prohibits you from performing consulting services during LDOE <br /> work hours unless leave is taken. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that based on the facts presented,the Code <br /> does not prohibit you from providing analysis and custom dashboard development services. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Act, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600. <br /> Page 3 of 4 <br /> Docket No.2022-355 <br />
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