| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits an employee of the Department of Children and Family Services from providing services to Magnolia Family Services. |
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Alexis Johnson is currently employed as a Child
Welfare Supervisor with the Louisiana Department of Children and Family
Services ("DCFS") and as a behavioral health service provider with Magnolia
Family Services ("MFS").
As a Child Welfare Supervisor for DCFS, Ms. Johnson
works 7:30 - 4:00, Monday-Friday, and she supervises child welfare case
management activities and oversees staff responsible for performing home
welfare checks.
Ms. Johnson, through her employment with MFS, also provides in-home
behavioral services to adults and children beginning no earlier than 4:15 pm on
any day of the week, for at least 10 hours a week.
Although DCFS makes referrals to MFS for services, Ms.
Johnson does not work with any families who have open DCFS cases, and she is
not aware of any contracts, transactions, or other business relationships
between DCFS and MFS.
While there is no formal agreement in place, DCFS does maintain an ongoing business relationship with MFS, as foster children (in DCFS's legal custody) may
receive mental health services from MFS, either paid for
by the Louisiana Medicaid Program or DCFS. Additionally, families may receive
mental health services as part of their Family Services case with DCFS, either
paid for by the Louisiana Medicaid Program or DCFS.
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La. R.S. 42:1111C(1) prohibits a public servant from receiving 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) 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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kelsey Simmons |
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