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2023-261 (2)
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2023-261 (2)
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Last modified
4/1/2024 8:42:03 AM
Creation date
10/9/2023 3:41:12 PM
Metadata
2023-261 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-261
Requesting Party
Kristin Bonner
Parties Involved
Leah Hood
Louisiana Mental Health Association
Agency at Issue
South-Central Louisiana Human Services Authority
Decision Date
10/6/2023
Law
La. R.S. 42:1111C(1)(a)
La. R.S. 42:1112A
La. R.S. 42:1112B
Caption
The Code of Governmental Ethics does not prohibit Leah Hood from being employed by the Louisiana Mental Health Association for providing services as a Certified Target Health Facilitator, provided that the clients she sees are not eligible for counseling services at TBHC and she does not refer clients to the Association.
Ethics Subject Matters
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material of the Target Health Whole Health Management Program, which focuses on the <br /> importance of building mental, physical, relational, and spiritual goals to enhance the addiction <br /> recovery process. <br /> The Authority currently has a contract in place with the Association to provide an addiction <br /> Recovery Center in St. Mary Parish, with support and self-help services in the Authority's <br /> geographical area. TBHC does not have any contractual or business relationship with the <br /> Association. You ask whether Ms. Hood's potential employment with the Association presents a <br /> conflict of interest given her service to the Authority. <br /> Ms. Hood has expressed interest in referring Authority patients whom she treats to the Louisiana <br /> Mental Health Association. Ms. Hood wants to specifically refer patients to the Target Health <br /> Whole Management Program group that she teaches for the Association. You ask whether Ms. <br /> Hood's referral of patients would violate the Code of Governmental Ethics. <br /> LAw <br /> La.R.S.42:1111C(1)(a)provides that no public servant shall receive 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. 42:1102 provides the following definitions: <br /> (2)(a) "Agency" means a department, office, division, agency, commission, board, <br /> committee, or other organizational unit of a governmental entity. <br /> (15) "Participate"means to take part in or to have or share responsibility for action <br /> of a governmental entity or a proceeding, personally, as a public servant of the <br /> governmental entity,through approval,disapproval,decision,recommendation,the <br /> rendering of advice, investigation,or the failure to act or perform a duty. <br /> (18)(a) "Public employee"means anyone, whether compensated or not, who is: <br /> (i)An administrative officer or official of a governmental entity who is not filling <br /> an elective office. <br /> (ii)Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the <br /> governmental entity or an agency thereof, either as a member of an agency, or as <br /> an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> (iv)Under the supervision or authority of an elected official or another employee <br /> of the governmental entity; <br /> (19) "Public servant"means a public employee or an elected official; <br /> Page 2 of 4 (BD 2023-261) <br />
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