| Advisory opinion request as to whether the Code of Governmental Ethics prohibits Dr. John Underwood, an employee of the Louisiana Department of Education (DOE), from accepting a position on the Computer Science Teachers Association (CSTA) National Standards Writing Team. |
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Dr. Underwood is employed by DOE as a Program Consultant 4 for STEM (science, technology, engineering and mathematics) and Computer Science. He has been a member of CSTA for many years. In the past he served as a CSTA Equity Fellow. He has a PhD in Educational Research with a concentration in Computer Science and STEM teacher preparation. He has several national and international book publications on this subject matter. He currently serves on The National Academies of Science Engineering and Medicine's Developing Competencies for the Future of Data and Computing: The Role of K-12. Prior to coming to the state, he co-authored The National K-12 Cybersecurity Learning Standards. Most recently you co-authored the National Science Foundation and CSTA report Reimagining CS Pathways: High School and Beyond. CSTA does not have any contracts or a business relationship with the Louisiana Department of Education. He does not provide any services to DOE that are the same or similar to the writing services he would provide as a member of the CSTA National Standards Writing Team.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1115.2B(1) Any public servant who accepts complimentary admission, lodging, or transportation, or reimbursement for such expenses, shall file with the Board of Ethics, within sixty days after such acceptance, a certification, on a form designed by the board, disclosing all of the following:
(a) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
(b) The name of the person who gave, provided, paid for, or reimbursed in whole or in part the admission, lodging, or transportation.
(c) The amount expended on his behalf or reimbursed by the person for admission, lodging, and transportation.
(2) The certification required by this Subsection shall include the certifications of the agency head required by Subsection A of this Section.
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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