| Advisory Opinion request from Dr. Curtis Penrod with the School of Business at Northwestern State University regarding Dr. Eddie Horton providing compensated services to CompTIA. |
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Dr. Curtis Penrod is the Director of the School of Business for Northwestern State University ("NSU"). The Computer Information Systems ("CIS") program is housed in the NSU School of Business and offers curricula leading to the Bachelor of Science degree in CIS. The CIS program incorporates numerous industry-based certifications into its curriculum. NSU incorporates the costs of the certifications and training materials into a fee associated with the individual course. Dr. Eddie Horton is an Associate Professor of CIS within the NSU School of Business.
The Computing Technology Industry Association, also known as CompTIA, is a non-profit trade association that issues professional certifications such as A+, Network+, Security+, Server+. Linux+, and IT Fundamentals. NSU purchases several thousand dollars of certification materials each semester for the students in the various courses. CompTIA has begun offering live online training certifications taught by qualified individuals. CompTIA has approached Dr. Eddie Horton about the possibility of teaching the online certification classes in areas where he holds a certification. Dr. Horton would receive compensation directly from CompTIA for the online certification classes. Dr. Penrod believes other NSU professors may be approached by CompTIA to teach the online certification classes.
Dr. Penrod asks whether Dr. Horton is prohibited by the Code from providing compensated services to CompTIA. Dr. Eddie Horton has completed the required outside employment form, which has been approved through NSU procedures by Dr. Marcus Jones, NSU President; Dr. Greg Handel, NSU Provost and Vice President for Academic Affairs; and Dr. Mary Stacy, Dean of the College of Business and Technology.
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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 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;
La. R.S. 42:1123(9)(b) provides the following exception:
The performance of services for compensation for any person, by faculty or staff members of a public higher education institution, provided the services consist of consulting related to the academic discipline or expertise of said public employee, or the continued performance of such services by former faculty or staff members of a public higher education institution subsequent to the termination of their public service and notwithstanding contrary provisions of R.S. 42:1121, and provided the services have been approved in writing by the chief administrative officer of the public employee's institution in accordance with rules and procedures established by the management board of the institution, which rules and procedures have been approved by the Board of Regents and the Board of Ethics.
La. R.S. 42:1102(2)(a) defines "agency" as a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(18)(iv) defines "public employee" as any individual who is under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official.
La. R.S. 42:1102(20.1) defines "service" as the performance of work, duties, or responsibilities.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything of economic value, directly, through any transaction involving the agency of such public servant or who derives any thing of economic value of which he may be reasonably expected to know through a person which (1) is regulated by the agency of such public servant, or (2) has bid on or entered into or is in any way financially interested in any contract, subcontract, or any transaction under the supervision or jurisdiction of the agency of such public servant shall disclose certain information as set forth in Section 1114.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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