| Advisory Opinion request from Louisiana Department of Environmental Quality ("LDEQ") related to an employees' outside employment. |
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LDEQ employs environmental scientists who perform radiation inspections throughout the State of Louisiana. The federal Nuclear Regulatory Commission has asked LDEQ to provide radiation inspectors to perform similar services for the State of Washington, as that state is facing a backlog. Under the proposed arrangement, a certain number of LDEQ employees (collectively, the "Subject Employees") would remain LDEQ employees. They would also work directly for and be paid directly by the State of Washington. The Subject Employees would work remotely for the State of Washington and all work for the State of Washington would be done outside of regular work hours for LDEQ. The Subject Employees would not use any resources of LDEQ or the State of Louisiana to perform their work for the State of Washington.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1111C(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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
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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