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