| 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 currently employed by the Louisiana Department of Education ("LDOE") as an Education Consultant Supervisor in the Division of Federal Support and Grantee Relations within the Office of Operations. In this role, Ms. Hunter acts as the state homeless coordinator by assisting school districts with the federal mandates in Title IX to ensure students experiencing homelessness are identified, able to enroll in school, and are successful. Ms. Hunter also acts as the state parent and family engagement coordinator by assisting school districts in implementing family and parent engagement activities provided by the federal mandates in Title I. Lastly, Ms. Hunter reviews school district budgets to ensure that funds are expended on allowable activities within the federal guidelines. Ms. Hunter does not assist any individual students or parents in her employment with LDOE.
Ms. Hunter asks whether she can provide educational consulting services for compensation via AB Hunter Consulting, USA, LLC in Louisiana and surrounding states while she remains employed with LDOE in the Division of Federal Support and Grantee Relations?
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La. R.S. 42:1111C(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. 42:1111C(2)(d) provides that 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 or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A(1)(a) states no public servant…or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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