2023-261 (2) - Laserfiche WebLink

(20.1) "Service"means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. La. R.S. 42:1112A. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity. La. R.S. 42:1112B. No public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any of the following persons has a substantial economic interest: (3) Any person of which he is an officer, director, trustee,partner,or employee. ANALYSIS As an independent contract employee with the Authority,Ms. Hood is a public servant pursuant to La. R.S. 42:1102(18) and La. R.S. 42:1102(19). Ms. Hood's agency is the TBHC. Generally, .La. R.S. 42:1111C(1)(a) prohibits Ms. Hood from receiving any thing of economic value for a service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of TBHC and in which Ms.Hood has participated.As an employee of the Association, Ms. Hood will teach a group of people suffering from substance abuse or addition, on the material of the Target Health Whole Health Management Program. Since Ms.Hood provides addictive counseling services to clients at TBHC, La. R.S. 42:1111(C)(1)(a) prohibits her from providing such services at the Association,when those clients can receive counseling at TBHC. Ms. Hood has stated that she would be employed with the Association as a Certified Target Health Facilitator to teach a group of people suffering from substance abuse or addiction, on her own time, for ten weeks, on the material of the Target Health Whole Health Management Program, which focuses on the importance of building mental, physical, relational, and spiritual goals to enhance the addiction recovery process. La. R.S. 42:1112A and La. R.S. 42:1112B(3) prohibits Ms. Hood from participating in a transaction involving Authority in which she or the Association may have a substantial economic interest.Therefore, La.R.S.42:1112A and La. R.S.42:1112B(3) prohibit Ms. Hood from referring patients with the Authority to the Target Health Whole Health Management Program with the Association. CONCLUSION The Board concluded,and instructed me to inform you,that the Code does not prohibit Leah Hood from being employed by the Association for providing services as a Certified Target Health Facilitator, provided the clients she sees through the Association are not eligible for counseling services at TBHC and she does not refer clients to the Association. 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 Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Page 3 of 4(BD 2023-261)