| Advisory opinion request regarding whether the Code of Governmental Ethics (Ethics Code) prohibits members of the Addictive Disorder Regulatory Authority (ADRA) from being members of the Louisiana Association of Substance Abuse Counselor and Trainers, Inc. (LASACT) while the ADRA leases office space from LASACT. |
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The ADRA is created by and regulated by the Addictive Disorder Practice Act, La. R.S. 37:3386-3390.6. The ADRA is a state licensing board created within the Louisiana Department of Health and is responsible for and authorized to regulate the practice of addictive treatment and prevention, La. R.S. 37:3386.2 A and B. The ADRA exercises all regulatory authority jurisdiction over the credentialing and practice of addiction counselors, prevention professionals, persons holding specialty certifications issued by the ADRA, professionals authorized by the Addictive Disorder Practice Act, and those in training to become addiction counselors, La. R.S. 37:3386.2G.
The qualifications for Board members are set forth in La. R.S. 37:3786.2B(1)-(6). La. R.S. 37:3386.2B(5)provides that three of the Board members appointed by the governor are to be selected by the governor from a "list of nine names divided into three groups of three names each submitted by LASACT. Those three ADRA members are currently Roy Baas, Catrice L. Tolbert, and Catherine Lemieux.
LASACT is dedicated to helping addiction professionals in Louisiana develop their skills in their careers. The LASACT mission is to promote and enhance addiction professionals and providers in areas of treatment, education, prevention and advocacy. LASACT is run by a Board of Directors and operated by a staff under the direction of an Executive Director, hired by the Board of Directors. The testing required for licensing by the ADRA is administered by LASACT. The license applicant pays LASACT for the testing, which results LASACT reports to the ADRA. Four of the current members of the ADRA are also members of LASACT, specifically, Roy Baas, Paul Schoen, Catherine Lemieux and Susan Thornton. No ADRA board member is an officer, director, trustee, partner, or employee of LASACT. No ADRA board member serves on the LASACT board of directors. Benefits of a LASACT membership include: discounts on all LASACT events, access to LASACT Lagniappe (weekly newsletter), priority messaging on upcoming events, and priority exam scheduling.
ADRA is seeking to enter into a lease for office space with LASACT. The ADRA is seeking an advisory opinion to determine if this creates a conflict of issue with any of the members of the ADRA and whether the members of the ADRA can participate in the vote to enter into the lease with LASACT.
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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. 42:1112A prohibits a public servant from participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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