| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits an employee of the Department of Children and Family Services renders compensated services to Unlimited Alternatives to Change. |
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Andrea
Bryant is currently dually employed as a Foster Care Supervisor with the Louisiana
Department of Children and Family Services ("DCFS") and as a Mental
Health Professional with Unlimited Alternatives to Change ("UAC"). As
a Foster Care Supervisor for DCFS, Ms. Bryant supervises foster care case
management activities and oversees staff responsible for serving children and
families involved with the child welfare system. Ms. Bryant's duties include
supervising employees, reviewing case activities, ensuring compliance with
agency policies, and supporting the delivery of foster care services.
As a
Mental Health Professional for UAC, Ms. Bryant provides mental health support
services to clients. Ms.
Bryant does not provide mental health services to any individual who has at any
time had a case with DCFS, whether currently or previously. She does not use
any confidential information obtained through her employment with DCFS in
connection with UAC, and she does not participate in referrals,
recommendations, contractual matters, authorizations, or decisions involving
UAC in her capacity as a DCFS employee. Moreover, Ms. Bryant's work for UAC is
performed completely separately from DCFS; she does not perform any work for
UAC during state work hours, and she does not use any state resources in
connection with UAC. There is no existing nor sought after transaction between UAC
and 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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