| Advisory Opinion request from Antiqua Hunter, an employee of the Louisiana Department of Education, regarding her outside employment providing educational consulting services. |
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Antiqua Hunter is an Education Consultant Supervisor in the Division of Federal Support and Grantee Relations within the Office of Operations for the Louisiana Department of Education ("LDOE"). Ms. Hunter's job duties include coordinating and overseeing the implementation of federal program mandates for Title I - Parent and Family Engagement and Title IX - Homelessness in each Louisiana school district by working with Parent Engagement Coordinators and Homeless Liaisons, respectively. She provides technical assistance to federal program directors and oversees federal program reporting on student counts for Homelessness and homelessness. Her current job duties also include supervising the implementation and support of federal mandates for the thirty-eight (38) 21st Century Afterschool Programs in Louisiana school districts. In the discharge of her duties, Ms. Hunter may have interactions with public and private contractors. She completes second-level reviews for grant management applications such as Super App, Achieve, and Homelessness applications, and she responds to legal disputes and queries from parents of students experiencing homelessness.
Ms. Hunter would like to provide her services as an independent contractor via AB Hunter Consulting USA, LLC in Louisiana and surrounding states by offering offer tailored educational consulting services to students, teachers, administrators, public and private institutions, community agencies, and service providers. The services she would like to provide include tutoring, mentoring, professional development training, motivational public speaking, and community outreach and engagement.
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La. R.S. 42:1111(C)(1)(a):
No public servant shall receive 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)
: 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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