| Advisory Opinion request from Judy Dupuy, Chair of the Louisiana Crime Victims Reparations Board, regarding board members representing clients before the board. |
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The Louisiana Crime Victims Reparations Board ("Reparations Board") was created in 1982 to assist victims of crime and their families with financial costs of crime by providing reimbursements for costs such as medical expenses, lost wages, and funeral expenses. The Reparations Board operates under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice ("LCLE") within the Office of the Governor pursuant to La. R.S. 46:1803(A). The Reparations Board consists of the executive director of the LCLE and ten other members who are appointed by the Governor. The Reparations Board members serve without compensation.
The Reparations Board conducts monthly meetings to review applications for eligibility and awards and to verify that a person is a victim of crime. In makings its decisions on an application, the Reparations Board considers medical treatment for physical injuries sustained, as well as offense reports. For mental health counseling applications, the Reparations Board contracts with a mental health counselor to review the applications for reimbursement of mental health costs.
By Act 487 of the 2022 Regular Session, the Legislature expanded the program benefits and provided additional means for persons to use when filing an application for an award. Act 487 deleted a specific requirement of reporting to law enforcement and replaced it with a broader requirement that an application is valid only if "reasonable documentation of the crime resulting in the personal injury, death, or catastrophic property loss is submitted with the application." La. R.S. 46:1806. "Reasonable documentation" of the crime can include a "certification of the crime signed under oath by any licensed clinical social worker, professional counselor, or healthcare provider." La. R.S. 46:1806(A)(1)(b)(iii). This certification process has led to ethics questions on the part of Reparations Board members who practice as one of the listed professionals. You noted that it is not a requirement that any member be a licensed clinical social worker, healthcare provider, or professional counselor.
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La. R.S. 42:1102(19) defines "public servant" to include a public employee of elected official. La. R.S. 42:1102(18)(a)(ii) defines a "public employee" to include any person, whether compensated or note, who is 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.
La. R.S. 42:1102(2)(a)(i) defines "agency," for public servants in the twenty principal departments of the executive branch of state government to mean the office in which such public servant carries out his primary responsibilities, except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
La. R.S. 42:1111(E)(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1102(4) defines "assist" to mean to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(21) defines "substantial economic interest" means an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons.
La. R.S. 42:1102(22)(a) defines "thing of economic value" means money or any other thing having economic value.
La. R.S. 42:1102(23) defines "transaction involving the governmental entity" means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity; (b) Is one to which the governmental entity is or will be a party; (c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
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: Neither performed for nor compensated by any person who: (1) has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; (2) conducts operations or activities which are regulated by the public employee's agency; or (3) has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113(B) provides that no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a substantial economic interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1112(A): No public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112(B): 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:
(5) Any person who is a party to an existing contract with such public servant, or with any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, or who owes any thing of economic value to such public servant, or to any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, and who by reason thereof is in a position to affect directly the economic interests of such public servant.
La. R.S. 42:1120.4 provides the following recusal provisions:
A. If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position, would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting.
B. An appointed member of a board or commission who recuses himself from voting pursuant to this Section shall be prohibited from participating in discussion and debate concerning the matter.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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