| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits an employee at
the Louisiana Department of Education from working with
Louisiana State University Shreveport and REACH University. |
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Heather
Howle is the Director of Special Projects in the Division of Academic Content
at the Louisiana Department of Education ("LDOE"). In her role as the Director
of Special Projects, she oversees the Instructional Materials Review (IMR)
process, the Professional Learning Partner review process and the Education
Technology initiatives. She serves on the Teaching and Learning Academic
Content Team. The STEM and Science programs at LDOE are managed by separate
teams and not under Ms. Howle's supervision.
She currently holds adjunct
faculty contracts. One of the positions is with the Louisiana State University
Shreveport ("LSUS") where she teaches two graduate level courses: STEM Grant
Writing and STEM Integrations. The other adjunct position Ms. Howle holds is
with REACH University where she teaches an undergraduate course in Science
Methods.
Ms. Howle's role at LDOE does not include management or oversight of
LSUS or REACH University contracts, funding, or program approvals. Her adjunct
roles are contractual and compensated separately by the respective universities.
Lastly, the subject matter of the courses (STEM grant writing, STEM
integration, and science methods) relates generally to education but does not
involve the IMR process, Professional Learning Partner reviews, or Education
Technology procurement decisions that she oversees.
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La. R.S. 42:1111C(1)(a): 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): 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. 42:1111A(1)(a) prohibits a public servant 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.
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Adopt
the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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