2023-426 - Laserfiche WebLink

with the public servant's agency; (2) conducts operations or activities which are regulated by the public employee's agency; or (3)has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. 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. La. R.S. 42:1102(18)(a)(ii) defines a "public employee" to include any person, whether compensated or note,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. 42:1102(19) defines "public servant"to include a public employee or elected official. ANALYSIS As an employee of LDH, you are a public employee pursuant to La. R.S. 42:1102(18) and (19). Your agency for purposes of the Code is the LDH Office of Aging and Adult Services pursuant to La. R.S.42:1102(2)(a)(vi). La. R.S. 42:1111(C)(1)(a) prohibits you from receiving compensation for any services that are substantially related to the responsibilities, programs, or operations of OAAS and in which you participated. Since your public duties do not include Lean Six Sigma programs, you are not prohibited from providing consulting services regarding Lean Six Sigma programs. Further,La.R.S.42:1111(C)(2)(d)prohibits you from receiving compensation for any services that are rendered to any person who has a contractual, business, or financial relationship with OAAS, or any person who is regulated by OAAS, or any person who has substantial economic interests which may be substantially affected by the performance or nonperformance of your duties as Assistant Secretary of OAAS. The credit union does not fall under one of the categories of prohibited sources. CONCLUSION The Board concluded, and instructed me to inform you, that the Code does not prohibit you from providing Lean Six Sigma consulting services to third parties, including the credit union, outside of your normal working hours. The Board advised that, in the event a specific situation arises which presents a potential violation of these provisions, you should seek an updated advisory opinion. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Page 2 of 3 (BD 2023-426)