| A Request for an Advisory Opinion, submitted by Dr. Amy Henke, Psy.D., regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the continued service (on a volunteer basis) of members of the Louisiana State Board of Examiners of Psychologists ("Board") after their terms expire. |
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Dr. Henke is the Chairperson of the Board. The Board's enabling statutes, found at La. R.S. 37:2351, et seq., wherein the Board's creation was viewed as "necessary in order to safeguard life, health, property, and the public welfare of this state, and in order to protect the people of this state against unauthorized, unqualified, and improper application of psychology." La. R.S. 37:2351. The Board consists of six (6) members to be comprised of five (5) psychologists and one (1) consumer. La. R.S. 37:2353(A)(1). The governor shall appoint members to serve five (5) year terms. La. R.S. 37:2353(A)(2). Board members serve without compensation but receive seventy-five dollars ($75) per diem allowance plus the mileage rate provided state employees to cover expenses incurred while engaged in the discharge of their duties.
Dr. Henke asked the following questions:
1. Can a former Board member donate his/her services to the board by volunteering for a Board committee or work group within a period of two (2) years following the termination of his/her public service?
2. Can a former Board member receive travel expenses and other reimbursements within a period of two (2) years following the termination of his/her public service?
3. Can a former Board member receive a per diem under existing statutory authority, state travel guidelines or policy in the same manner as current Board members within a period of two years following the termination of his/ her public service?
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La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1121(A)(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121(A)(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency. Nothing herein shall be construed to allow a public servant to make an appointment of a person which is otherwise prohibited by this Chapter.
Docket No. 2004-814 Advisory Opinion (attached)
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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