| Advisory Opinion request regarding whether the Code of Governmental Ethics (Code) prohibits an employee of the Jefferson Parish Human Services Authority from contracting with the Authority following the termination of her employment. |
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Lacey Herring currently serves as the Mental Health Program Director for the Multi-Systemic Therapy Program, which is part of the Behavioral Health Community Service Division of JPHSA. The Mental Health Program Director provides supervision and day-to-day oversight of the Mult-Systemic Therapy ("MST") Program. Ms. Herring works under the direction of the BHCS Clinical & Support Services Manager. As the MST Director, Ms. Herring is responsible for overseeing and guiding a team of therapists in implementing the MST treatment model in order to achieve optimal outcomes for their clients. She provides administrative oversight of her team's cases. As the supervisor, she is expected to go on home visits.
The proposed contract consultant position is a Multisystemic System Consultant. The proposed post-employment contractor position would entail Ms. Herring assisting JPHSA and its affiliates in developing programs to effectively implement MST treatment model by providing training in the theory and application of MST to personnel, including clinicians, supervisors, administrators, and policymakers. The contract position does not require Ms. Herring to provide supervision or day-to-day oversight of the MST program. Ms. Herring would have no oversight over anything related to JPHSA's MST program; the contractor position entails Ms. Herring providing training and consultation for external agencies that JPHSA contracts with but not JPHSA's internal MST program.
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La. R.S. 42:1121A(1) No former agency head or elected official shall, for a
period of two years following the termination of his public service as the head
of such agency or as an elected public official serving in such agency, assist
another person, for compensation, in a transaction, or in an appearance in
connection with a transaction, involving that agency or render any service on a
contractual basis to or for such agency.
La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of
two years following the termination of his public employment, assist another
person, for compensation, in a transaction, or in an appearance in connection
with a transaction in which such former public employee participated at any
time during his public employment and involving the governmental entity by
which he was formerly employed, or for a period of two years following termination
of his public employment, render, any service which such former public employee
had rendered to the agency during the term of his public employment on a
contractual basis, regardless of the parties to the contract, to, for, or on
behalf of the agency with which he was formerly employed.
La. R.S. 42:1102(2)(a) "Agency" means a department,
office, division, agency, commission, board, committee, or other organizational
unit of a governmental entity.
(i)
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; except that in the case of
the secretary, deputy secretary, or undersecretary of any such department and
officials carrying out the responsibilities of such department officers it
shall mean the department in which he serves; and except that in the case of
public servants who are members or employees of a board or commission or who
provide staff assistance to a board or commission, it shall mean the board or
commission.
La. R.S. 42:1102(3) defines
"agency head" to mean the chief executive or administrative officer of an
agency or any member of a board or commission who exercises supervision over
the agency.
La. R.S. 42:1102(18)(a) "Public employee" means anyone,
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) "Public servant" means a
public employee or an elected official.
La. R.S. 42:1102(23) "Transaction involving the governmental
entity" means any proceeding, application, submission, request for a
ruling or other determination, contract, claim, case, or other such particular
matter which the public servant or former public servant of the governmental
entity in question knows or should know: (a)
Is, or will be, the subject of action by the governmental entity. (b)
Is one to which the governmental entity is or will be a party.
(c) Is one in
which the governmental entity has a direct interest. A transaction involving the
agency of a governmental entity shall have the same meaning with respect to the
agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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