| Advisory opinion request regarding whether immediate family members working for ADAPT, Inc. are subject to the provisions of the Code of Governmental Ethics. |
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ADAPT, Inc. is a Louisiana non-profit corporation formed to provide education and out-patient therapy and assessments in the area of substance abuse; to provide education and out-patient therapy and assessments to victims of sexual assault; to provide general mental health and social services through collaboration, coordination, education, assessment, and intervention, and to enter into any lawful business activity which corporations organized under R.S. 12:201, et seq., either for its own account or on behalf of others as an agent.
Rhonda Gunnell is a Project Director and Prevention Specialist at the non-profit. Ms. Gunnell's daughter is dating another employee at the non-profit who she is set to marry in May 2023. Ms. Gunnell has been removed from the supervision of her future son-in-law.
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The Louisiana Supreme Court, in
PIAL v. Theriot
, found that all of the following four factors, originally set forth in
State v. Smith
, must be present in order to find that an entity is public: 1. the entity was created by the legislature, 2. its powers were specifically defined by the legislature, 3. the property of the entity belongs to the public, and 4. the entity's functions are exclusively of a public character and performed solely for the public benefit.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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