| Advisory opinion as
to whether the Code of Governmental Ethics ("Code") permits your company to
obtain federal contracts and with citizens who qualify for the programs under
the federal contracts while still employed with the Department of Children and
Family Services as a Compliance Programs Director. |
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Ms. Clark is the Compliance
Programs Director in the Bureau of General Counsel for the Department of
Children and Family Services (DCFS). She
works with clients and recipients of all programs administered by DCFS if they
have civil rights complaints or questions. She also works with employees of DCFS if they have employment civil
rights questions or complaints. In
the discharge of her duties, she may have interactions with the federal
department of Health and Human Services and the Equal Employment Opportunity
Commission.
She stated that her goal is to begin a Joint Venture with
another person to obtain Women-Owned Small Business Federal Contract programs
awards. She anticipates working with the
Health and Human Services federal agency for long term care and social work
business consulting as well as with the Equal Employment Opportunity
Commission. She stated that if she is awarded a
contract, she will complete a conflict search during intake to determine if any
potential client is currently an applicant, recipient or client of services
provided by DCFS. If they are a current
client of DCFS, she will not work with them.
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La. R.S. 42:1111C(1): No public servant
shall receive any thing of economic value for any service, the subject matter
of which: (a) 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): 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, any thing 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 the 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. 42:1102 provides the
following definitions:
(2)(a)(i)
"Agency" means 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; ...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.
(12)
"Governmental entity" means the state or any political subdivision
which employs the public employee or employed the former public employee or to
which the elected official is elected, as the case may be.
(16)
"Person" means an individual or legal entity other than a
governmental entity, or an agency thereof.
(18)(a)
"Public employee" means anyone, 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.
(19) "Public servant" means a public
employee or an elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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