| Advisory opinion regarding whether the Code of Governmental Ethics prohibits an employee of the Louisiana Department of Children and Family Services (DCFS) from continuing her employment with The Center for Children and Families. |
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Yoeisha Parks is employed with DCFS in the Child Support Enforcement Section. Her responsibilities include managing and enforcing child support policies, attending court hearings, and providing quality customer service as assigned by DCFS. Her position with DCFS does not include the provision of counseling services or referring clients to counseling providers as part of her official job duties.
The Center for Children and Families is a nonprofit that operates independently and offers mental health counseling services. Ms. Parks is a Provisional Licensed Professional Counselor. Her counseling work is done outside her hours at DCFS. She does not utilize state resources, confidential information, or her position at DCFS to help The Center of Children and Families or to seek counseling clients.
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La. R.S. 42:1111C(1)(a) 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)(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; 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. 42:1102 (2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; ...
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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