Agenda Item
Docket No. 24-021
Request for an advisory opinion regarding whether the Code of Governmental Ethics ("Code") permits Leon Spears to contract with Louisiana state agencies to provide First Aid and CPR training services.
Leon Spears is a Program Monitor within the Office of Public Health ("OPH") for the Louisiana Department of Health ("LDH"). His primary job duty is emergency preparedness planning.

Mr. Spears is also a 1099 American Heart Association and American Red Cross First Aid/CPR/BLS/AED instructor. Mr. Spears contracts with companies who provide training to agencies of the State of Louisiana. He does not participate in negotiating the cost for the services provided to agencies of the State of Louisiana. He does not accept payments from the agencies themselves. Mr. Spears receives compensation from the companies that have contracted with the agencies of the State of Louisiana.

La. R.S. 42:1113A(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board or commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, 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.

La. R.S. 42:1111C(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: (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.

Adopt the proposed Advisory Opinion.
Assigned Attorney: Mallory Guillot
2024-021 - Advisory Opinion Draft - Spears
2024-021 - AO