| Advisory opinion request on behalf of the 21st Judicial District Court's (JDC) Information Technology (IT) Director Bruce Fitzgerald as to whether the Code of Governmental Ethics prohibits him from seeking work outside of the 21st JDC. |
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Bruce Fitzgerald currently serves the 21st JDC as the IT Director. He provides IT services for the 21st JDC Judges, District Attorney and Livingston Parish Clerk or Court. He is compensated through the 21st JDC's Criminal Court Fund.
Mr. Fitzgerald would like to perform compensated services outside of court for private attorneys to execute, set up and record video depositions. Mr. Fitzgerald has stated that he will not perform work on any depositions involving proceedings within any of the parishes comprising the 21st JDC. The 21st JDC is comprised of Livingston, Tangipahoa, and St. Helena. The Judges of the 21st JDC, along with the District Attorney, approved his request to conduct video depositions outside of the parishes of the 21st, JDC.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving anything 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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, 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.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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