| Advisory opinion as to whether the Code of Governmental Ethics ("Code")
would prohibit DCFS employees from receiving compensation from a person who
leases property to DCFS; and, whether a DCFS employee may accept employment
from the property owner after termination of her employment. |
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The Catahoula office of DCFS operates in a building space under a lease between J. Michael Wilson ("Landlord"), as lessor, and DCFS, as lessee. The lease specifically states that Landlord shall be responsible for providing janitorial services in the leased space. Landlord would like to hire employees of DCFS to provide cleaning services in the building after normal working hours.
Additionally, Ariella Carter, a current employee of the Catahoula office of DCFS is planning on resigning from DCFS in early September. She is interested in providing cleaning services upon her resignation. She is currently an Administrative Supervisor 2. In this role, she supervises 4 staff members who perform general clerical duties and transportation of clients for the Catahoula and Concordia offices of DCFS. Her job duties include ensuring accuracy of payroll information, ensuring payments are made timely for office equipment and services for our clients, and many other clerical duties. She is the safety officer for Catahoula and Concordia offices of DCFS. She ensures clerical support of staff in the Catahoula and Concordia DCFS offices.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
La. R.S. 42:1121B provides no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following the termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
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. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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