| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits an employee of the Legislative Fiscal Office from providing compensated notarial work and accounting services to a behavioral health agency. |
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Patrice
Thomas is employed with the Louisiana Legislative Fiscal Office ("LLFO") within
the Legislative branch of state government. She is also a commissioned
Louisiana notary public and would like to offer her notarial and accounting
services, on a part-time basis and outside her normal working hours, to a local
behavioral health agency in Baton Rouge. The behavioral health agency received
grant funds from the city of Baton Rouge to provide services in October 2025.
The source of the grant funds is national opioid settlements from private
pharmaceutical companies. In addition, the behavioral health agency is
registered as a behavioral health service provider with the Louisiana
Department of Health. Currently, the
behavioral health agency does not have any contracts with the department, nor
does the agency anticipate receiving any upcoming contracts with the
department.
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La. R.S. 42:1111C(2)(d) states
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 from whom such public servant would be prohibited by R.S. 42:1115(A)(1)
or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits
a public servant from soliciting or accepting, directly or indirectly, anything
of economic value as a gift or gratuity from 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 have a
contractual, business or financial relationship with the public servant's
agency.
La. R.S. 42:1102(18)(a) defines
"public employee" to mean 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) defines
"public servant" means a public employee or an elected official.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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