| Advisory Opinion request of Kathy Dwyer, Chair for the State Advisory Committee for the La. Office for Citizens with Developmental Disabilities ("OCDD"). |
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The La. Developmental Disability Law (La. R.S. 28:451.1, et seq.) was enacted to provide for a developmental disabilities services system that values all persons with developmental disabilities and affirms their fundamental rights and privileges as citizens of Louisiana and the United States of America as provided in the Developmental Disabilities Assistance and Bill of Rights Act. The La. Office of Citizens with Developmental Disabilities ("OCDD"), within the La. Department of Health ("LDH"), is responsible for leadership in designing and developing developmental disabilities services provided by the department either directly or pursuant to agreements with public and private providers. La. R.S. 28:451.1D. OCDD, through the individual human services districts and authorities, serves as the single point of entry into the system. La. R.S. 28:451.3A.
Human Services Districts/Authorities
The Legislature has created ten (10) human services districts and authorities to provide state-funded behavioral healthcare and care for persons with intellectual disabilities and developmental disabilities across Louisiana. La. R.S. 28:910A. Each human services district is a local governing entity with local accountability and management of behavioral health, intellectual disability, and developmental disability services, as well as any public health or other services contracted to the district by LDH. La. R.S. 298:911A(5). Each human services district is governed by a board, whose members are required to be residents of the parishes covered, as well as possess expertise in a related field of health, or be a
parent, consumer, or advocate in a related field such as developmental disabilities. La. R.S. 28:913 - 913.6.
Each human services district board shall, among other duties, be responsible for community-based programs and functions relating to the care, diagnosis, training, treatment, case management, and education of persons with intellectual disabilities, persons with developmental disabilities, and persons with autism. La. R.S. 28:915A(2). Additionally, each human services district board shall have the power to enter into contracts to establish such services including development disabilities services. La. R.S. 28:915B(6).
Regional Advisory Committee
Pursuant to La. R.S. 28:451.3D, each human services district is required to maintain a regional advisory committee, which is composed of a minimum of twelve members who represent positions and philosophies held by various groups and advocates for persons with developmental disabilities, including (1) persons with developmental disabilities, (2) parents and family members representing persons who receive a cross section of developmental disabilities services, (3) private providers, (4) representatives of advocacy organizations, and (5) public providers and administrators of local administrative units and human services districts, who may be appointed as ad hoc, non-voting members of the Regional Advisory Committee. La. R.S. 28:451.3D(2). These regional advisory committee members are separate and distinct from the members who comprise the human services district boards.
Each regional advisory committee performs the following functions:
(1) provide public input into the district planning process and comment on regulations proposed by the office,
(2) receive timely information on the budgets of their respective human services districts, in addition to information on implementation of all services and quality assurance reports by those districts, and advise the authorities and districts, and (3) collaborate with the human services districts to develop outreach plans for each geographic area. None of the regional advisory committees have any supervision or control over contracts entered into by OCDD or the respective human services district.
State Advisory Committee
Pursuant to La. R.S. 28:451.3F, OCDD established a State Advisory Committee which coordinates with all human services district advisory committees, and provides public input to OCDD regarding proposed regulations and the development of state planning and budget. The State Advisory Committee is comprised of at least two members from each human services district regional advisory committee. The State Advisory Committee does not have any supervision or control over contracts entered into by OCDD.
La. Developmental Disabilities Council
Pursuant to La. R.S. 28:750 et seq., the La. Developmental Disabilities Council was established as a separate part of LDH to serve as an advocate for persons with developmental disabilities. The Council plans effective coordination of state resources to meet the needs of persons with developmental disabilities, promotes the dignity of persons with developmental disabilities, serves as an advisor to the governor, the secretary of LDH, and the legislature on programs and policies pertaining to services for persons with developmental disabilities and their families, and promotes the provision of a full range of services, assistance, and opportunities for persons with developmental disabilities. La. R.S. 28:750B. Members are appointed by the governor, and shall consist of individuals with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves.
Ms. Dwyer, as Chair for the State Advisory Committee, asks several questions regarding the application of the Code to members of the Regional Advisory Committees and the State Advisory Committee.
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PRIOR ADVISORY OPINIONS:
AO 2014-008: A Board Member of the Imperial Calcasieu Human Services Authority was not prohibited by 1113B from applying for Developmental Disability services on behalf of his son, since the Authority Board did not have supervision or jurisdiction over the request for services. All requests were handled solely by the Authority.
AO 2010-973: A Board Member of the Region 6 Regional Authority Board was not prohibited by 1111C(2)(d) from being employed as the Executive Director of Families Helping Families, since FHF did not have a business, contractual, or financial relationship with the Region 6 Authority Board.
AO 2007-053: OCDD employee prohibited by 1111C(2)(d) from receiving compensation from Bayou Land Families Helping Families since FHF had a contractual relationship with OCDD.
AO 2003-621: A Board Member with the La. Development Disabilities Council was prohibited by 1111C(2)(d) from receiving compensation from Families Helping Families of Greater New Orleans since FHF had a contractual relationship with the Council.
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La. R.S. 42:1111C(2)(d) provides that no public servant shall receive any thing of economic value for services rendered to a person if that person:
(1) has a contractual, business, or financial relationship with the public servant's agency;
(2) conducts operations 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) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For purposes of the Code, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i) … in the case of public servants who are members or employees of a board or commission …, it shall mean the board or commission.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity or agency thereof.
La. R.S. 42:1113B: No appointed member of any board or commission or member of his immediate family shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
La. R.S. 42:1102(13) defines "immediate family" to include a public servant's children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1112B(3) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person, of which he is an officer, director, trustee, partner, or employee, has a substantial economic interest.
La. R.S. 42:1120.4 provides:
A. If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting.
B. An appointed member of a board or commission who recuses himself from voting pursuant to this Section shall be prohibited from participating in discussion and debate concerning the matter.
La. R.S. 42:1123(23): This Part shall not preclude: Any member of the state or regional advisory committees for the office for citizens with developmental disabilities from being employed by a private, nonprofit, corporation, agency, organization, or association that receives state funds under contractual agreement with the office for citizens with developmental disabilities. However, such member shall recuse himself from participating in any action of the committee specifically relating to such contracts with the office for citizens with developmental disabilities for the receipt of state funds.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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