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2023-855
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Entry Properties
Last modified
3/6/2024 9:33:48 AM
Creation date
2/5/2024 11:18:00 AM
Metadata
2023-855
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-855
Requesting Party
Antiqua Hunter
Parties Involved
AB Hunter Consulting, USA, LLC
Agency at Issue
Louisiana Department of Education
Decision Date
2/2/2024
Law
La. R.S. 42:1111C(1)(a)
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1113A(1)(a)
Caption
The Code of Governmental Ethics does not prohibit an LDOE Division of Federal Support and Grantee Relations employee or her business from providing outside consulting services for compensation with some restrictions.
Ethics Subject Matters
Outside Employment
Prohibited Sources
Prohibited Transactions
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ISSUE NO. 1: SERVICES TO INDIVIDUALS AND LEGAL ENTITIES <br /> You intend to provide tutoring services to individual students in grades K— 12, as well as provide <br /> mentoring services such as career planning. You also intend, to provide professional mentoring <br /> services to individual teachers and principals to assist with their career development and goals. <br /> You would like to host a youth summer camp starting in 2025 and provide athletic training for <br /> individual students in Louisiana. Finally, you would like to provide networking and collaboration <br /> opportunities to nonprofit organizations, local hospitals, and churches. You do not work with any <br /> individual students, parents, or teachers in your employment with LDOE. <br /> La. R.S.42:1111(C)(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 /> In this instance, since the tutoring and mentoring services you want to provide are not substantially <br /> related to those provided by the Division of Federal Support and Grantee Relations, and you have <br /> not participated in providing tutoring and mentoring services as an Education Consultant <br /> Supervisor, you are not prohibited by La. R.S. 42:1111(C)(1)(a) from providing tutoring and <br /> mentoring services to individual students,parents, teachers, or principals. For these same reasons, <br /> you are not prohibited by La. R.S. 42:1111(C)(1)(a) from offering a youth summer camp and <br /> athletic training to individual students, and networking and collaboration services to nonprofit <br /> organizations, local hospitals, and churches. <br /> Additionally, under La. R.S. 42:1111(C)(2)(d), you and AB Hunter Consulting, USA, LLC are <br /> prohibited from receiving any thing of economic value for or in consideration of services rendered, <br /> or to be rendered, to or for any person during your public service unless such services are neither <br /> performed for nor compensated by any person or from any officer, director, agent, or employee of <br /> such person, if you know or reasonably should know that such person: (1) has or is seeking to <br /> obtain contractual or other business or financial relationships with your agency; (2) conducts <br /> operations or activities which are regulated by your agency; or, (3) has substantial economic <br /> interests which may be substantially affected by the performance or nonperformance of your <br /> official duties as a public employee. Under La. R.S. 42:1102(16), "person" is defined to mean an <br /> individual or legal entity other than a governmental entity, or an agency thereof. <br /> Although you stated that you do not work with any students, parents, teachers, or principals in <br /> your employment with LDOE,you will need to ensure that none of the individuals or legal entities, <br /> such as nonprofit organizations, to which you provide services fall within one of the three <br /> categories of prohibited sources to you as an employee of the LDOE Division of Federal Support <br /> and Grantee Relations pursuant to La. R.S. 42:1111(C)(2)(d). Thus, should you have a concern <br /> about a specific potential client, you should request an updated advisory opinion. <br /> Page 2 of 3 (BD 2023-855) <br />
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