| Advisory opinion
request regarding whether the Code of Governmental Ethics prohibits requestor from continuing
her current employment if
elected to the LaSalle Parish School Board. |
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Ms. Webster-Taylor has been employed with Christus Health since 2024. Christus Health collaborates with
Access Health Louisiana ("AHL") relative to the governance and operations of
Christus health's school-based health centers. She currently works as a Licensed
Master Social Worker providing behavioral health counseling for Christus
Health's school-based health center at Jena High School ("JHS"), which is in
the LaSalle Parish School District ("School District"). She is not employed, has not been supervised or compensated by the School District or School Board but her position exists under a Memorandum of Understanding ("MOU") agreement between
Christus Health and the School District. In accordance with the MOU, she provides services which are billed through Medicaid via AHL, and her salary is
paid by Christus Health.
Ms. Webster-Taylor seeks an advisory opinion on the following issues:
1. Would she be permitted to run for and serve on the School Board under
these circumstances?
2. Would the MOU between Christus Health and the School District create a
prohibited conflict of interest?
3. If service is permitted, would recusal from votes involving the MOU,
school-based mental health services, or related matters be required?
4. Would any additional restrictions, disclosures, or ethical considerations
be applicable to her, should she be elected?
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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.
La.
R.S. 42:1111C(6) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, a member of a school board or parish or municipal governing authority may continue employment with a person who has or is seeking a contractual or other business or financial relationship with his governmental entity or an agency under the jurisdiction or supervision of his governmental entity provided all of the following conditions are met:
(a) The member is a salaried or wage-earning employee of his employer.
(b) The compensation of the member is substantially unaffected by his employer's contractual or other business or financial relationship with his governmental entity or other agency under the jurisdiction or supervision of his governmental entity.
(c) The member is not an officer, director, trustee, or partner of his employer.
(d) The member does not own an interest which exceeds one percent of the legal entity which employs him.
(e) The member does not participate in any transaction with his governmental entity or agency under the jurisdiction or supervision of his governmental entity, including recusing himself from any vote, involving his employer.
(f) The member complies with the disclosure requirements in R.S. 42:1114.
La. R.S. 42:1114 Other than a legislator, each public servant
and each member of his immediate family who derives any thing of economic
value, directly, through any transaction involving the agency of such public
servant or who derives any thing of economic value of which he may be
reasonably expected to know through a person which (1) is regulated by the
agency of such public servant, or (2) has bid on or entered into or is in any
way financially interested in any contract, subcontract, or any transaction
under the supervision or jurisdiction of the agency of such public servant
shall disclose the following: (1) The
amount of income or value of any thing of economic value derived; (2) The nature of the business activity; (3) Name and address, and relationship to the
public servant, if applicable; and (4)
The name and business address of the legal entity, if applicable.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Charles McCowan |
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