| Advisory opinion request submitted by Celeste Gauthier, CEO of the Central Louisiana State Hospital, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit Dale Sanders from serving as chaplain for Central Louisiana State Hospital ("CLSH") on a contractual basis while he is employed as a CLSH Psychiatric Aide. |
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Mr. Sanders has
been employed in CLSH's Nursing Department as a full-time Psychiatric Aide since January 10, 2022. As a Psychiatric Aide,
his duties include performing non-professional nursing support work, which
involves assisting in creating and maintaining a therapeutic environment for
patients. Following the retirement of CLSH's chaplain, Mr. Sanders, a licensed and
ordained minister since 2016, has expressed interest in also providing chaplain
services at CLSH, which would be coordinated and supervised by the Social
Services Department Head, Social Worker 6B. Since chaplain jobs are in a
different pay schedule and have different duties, the two positions cannot be
combined. As such, a professional services contract would be required in order
to retain Mr. Sanders' services as a chaplain.
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La. R.S. 42:1102 (19) "Public servant" means a public employee or an elected official.
La. R.S. 42:1102 (
18)(a) "Public employee" means anyone, 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.
(b) However, "public employee" shall not mean a person whose public service is limited to the following:
(i) Periodic duty in the National Guard pursuant to 32 U.S.C. 502.
(ii) A contract to provide attest services as a certified public accountant.
(iii) Volunteering as described in R.S. 29:735.3.1(A).
(c) A public employee shall be in such status on days on which he performs no services as well as days on which he performs services. The termination of any particular term of employment of a public employee shall take effect on the day the termination is clearly evidenced.
La. R.S. 42:1102(2)(a)(i)
defines "agency" to mean a
department, office, division, agency, commission, board, committee, or other
organizational unit of a governmental entity. "Agency of the public servant"
and "his agency" when used in reference to the agency of a public servant shall
mean for public servants in the twenty principal departments of the executive
branch of state government, the office in which such public servant carries out
his primary responsibilities.
La. R.S. 42:1113(A)(1)(a)
states no public servant,
excluding any legislator and any appointed member of any board of commission
and any member of a governing authority of a parish with a population of ten
thousand or less, or member of such a public servant's immediate family, or
legal entity in which he has a controlling interest shall bid on or enter into
any contract, subcontract, or other transaction that is under the supervision
or jurisdiction of the agency of such public servant.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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