2023-427 - Laserfiche WebLink

signed under oath by any licensed clinical social worker, professional counselor, or healthcare provider." La. R.S. 46:1806(A)(1)(b)(iii). This certification process has led to ethics questions on the part of Reparations Board members who practice as one of the listed professionals.You noted that it is not a requirement that any member be a licensed clinical social worker, healthcare provider, or professional counselor. Carla Shorty, RN and Amanda Tonkovich, who are both members of the Reparations Board, submitted requests for advisory opinions. Answers to their questions are addressed in this advisory opinion, and a copy of this advisory will be mailed to them. ISSUE NO. I-AGENCY OF REPARATIONS BOARD MEMBERS The first analysis requirts determining whether Reparations Board members are public servants, as well as the proper agency, for purposes of the Code. La. R.S. 42:1102(19)defines"public servant"to include a public employee of elected official. La. R.S. 42:1102(18)(a)(ii) defines a"public employee" to include any person, whether compensated or note, who is 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. Since members are appointed by the Governor to serve as a member of the Reparations Board,the members are public servants for purposes of the Code. La. R.S.42:1102(2)(a)(i)defines"agency,"for public servants in the twenty principal departments of the executive branch of state government to mean the office in which such public servant carries out his primary responsibilities, except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, It shall mean the board or commission. Thus, the Reparations Board is the agency of the appointed members. ISSUE NO.2-PROHIBITED ASSISTANCE TO CLIENTS You ask whether the Reparations Board is allowed to make an award of reimbursement for costs to a professional counselor or other practitioner who certifies a client as a victim of crime,provides services to that client, and seeks reimbursement from the Reparations Board for the costs of the services,where the professional practitioner is an appointed member of the Reparations Board. LAW La. R.S. 42:1111(E)(1): No public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant. Page 2 of 7 (BD 2023-427)