| Advisory Opinion Request from Melanie Mann, employee of Department of Children and Family Services ("DCFS"), as to whether she may receive compensation for services provided to DCFS clients in her private practice. |
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Ms. Mann is currently employed by DCFS. Her position is Child Welfare Specialist III and she works within the Centralized Intake Unit (the "Unit"). The Unit is responsible for administering the child welfare hotline. Her role involves, with respect to incoming calls, performing assessment on safety level, establishing a priority level, and making recommendations on referrals to law enforcement. The head of the Unit is Denise Evans, Program Manager. In Ms. Mann's role, she does not have a case load or make referrals to mental health agencies.
She also operates a part-time private mental health practice, through her company, The Rainbow Garden, LLC, whereby she provides mental health services to survivors of child abuse and neglect.
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La. R.S. 42:1111C(1)(a) provides that 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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
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 proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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