| A Request for an Advisory Opinion, submitted by Robert Jones, concerning whether the Code of Governmental Ethics ("Code") would prohibit him from accepting secondary employment with Instructional Data Solutions, LLC while maintaining his employment with the Louisiana Department of Education ("LDOE"). |
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Mr. Jones is employed by the LDOE as an Educational Program Consultant in the LDOE's Early Childhood Strategy Division. As an Educational Program Consultant, he is responsible for supporting all efforts related to generating a performance profile for every publicly funded early childhood site and community network lead agency. He manages the implementation of the accountability system, including supporting Community Network Lead Agencies and state contractors to ensure that 14,000 classroom observations are conducted each year.
He is applying for a Data Services Contractor position with Instructional Data Solutions, LLC. The Data Services Contractor serves as the project manager across the life cycle of each school system's data tool. The Data Services Contractor position mainly consists of designing data solutions, customizing existing solutions to fit a client, and carrying out project management duties from initial contract to collecting payment.
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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. 42:1111(C)(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111(C)(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: (d) 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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