| Request on behalf of the St.
Tammany Parish Coroner's Office for an advisory opinion relative to the use
of revenue generated from fees collected under La. R.S. 13:5722 for the purpose
of supporting the forensic and mental health operations of the Children's
Advocacy Center Hope House in St. Tammany Parish. |
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St.
Tammany Parish Coroner's Office ("STPCO") is
predominately funded by an ad valorem tax under La. R.S. 13:5726. Other sources
of revenue include fees received in payment from regional hospitals for services
of Sexual Assault Nurse Examiners, and from regional parish coroners for Forensic
Pathology and Toxicology services. Pursuant to La. R.S. 13:5722, the STPCO is
also authorized to collect a fee from individuals who are found guilty or plead
guilty to certain offenses. This last source of revenue has not previously been
collected on a regular basis.
The Children's
Advocacy Center Hope House in St. Tammany Parish ("CAC Hope House") is an independent
501(c)3 non-profit organization dedicated to ending the cycle of child abuse in
the St. Tammany and Washington Parish communities. CAC Hope House is funded predominately
by individual donations, fundraising events, and also receives some revenue
through the federal Victims of Crime Assistance ("VOCA") program, which is
comprised of perpetrator-assessed fees.
Historically
the VOCA funds provided approximately 20-25% of the Hope House annual budget. Within
the last funding cycle, VOCA funding for Hope House's St. Tammany operations decreased
about 80%, so that currently Hope House receives less than 3.5% of its funding
from this source. Prior to the most recent cut, Hope House was allotted $9,033
per month; following the funding cuts, Hope House is scheduled to be allotted $2,000
per month in the 2023 cycle. VOCA funding is essential for Children's Advocacy Centers
across the nation as the funds are intended for sustaining direct services for
child victims of sexual assault.
STPCO
jurisdiction and statutory duties are closely intertwined with the CAC Hope
House mission, specifically pertaining to investigation of physical and sexual
assault against minors, forensic interviews, and related mental health counseling.
It is the desire of STPCO to support the forensic and mental health operations
of the CAC Hope House by dedicating a substantial portion of the revenue generated
pursuant to La. R.S. 13:5722 to the CAC Hope House budget.
STPCO
is in the planning state and no funds have been collected or transferred to CAC
Hope House.
Dr. Preston asked the following two questions:
1.
Is it allowable
for STPCO to dedicate a substantial portion of funds
generated by collection of fees pursuant to La. R.S. 13:5722 in a pass-through
method to CAC Hope House to support common interest mission operations in St.
Tammany Parish?
2. Is it allowable for the STPCO Coroner or Chief
Deputy Coroner to serve on the CAC Hope House Board of Directors (non-compensated
volunteer position) if funds are to be appropriated from the Coroner's
Operational Fund to the CAC Hope House budget?
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La. R.S. 42:1111(C)(2)(d): 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:
(d) Neither
performed for nor compensated by any person from whom such public servant would
be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La.
R.S. 42:1115A. No
public servant shall solicit or accept, directly or indirectly, anything of
economic value as a gift or gratuity from 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:
(1) Has or is seeking to obtain
contractual or other business or financial relationships with public servant's agency.
La.
R.S. 42:1115B. No
public employee shall solicit or accept, directly or indirectly, anything of
economic value as a gift or gratuity from any person or from any officer,
director, agent, or employee of such person, if such public employee knows or
reasonably should know that such person:
1) Conducts operations or activities
which are regulated by the public employee's agency.
2)
Has substantial economic interests which may be
substantially affected by the performance or nonperformance of the public
employee's official duty.
La.
R.S. 42:1112B (3). No
public servant, except as provided in R.S. 42:1120, shall participate in a
transaction involving the governmental entity in which, to his actual
knowledge, any of the following persons has a substantial economic interest:
(3) Any person of which he is an officer,
director, trustee, partner, or employee.
La.
R.S. 42:1123(1). This
Part shall not preclude: (1) Participation in the affairs of charitable,
religious, nonprofit educational, public service, or civic organizations, bona
fide organized public volunteer fire departments when no compensation is
received, or the activities of political parties not proscribed by law.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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