| Advisory opinion request as to whether the Code of Governmental Ethics permits Raven Rye to continue her part-time employment with Finding a Better Me, LLC, while she is employed as a Foster Care Supervisor with the Department of Child and Family Services. |
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Raven Rye is employed by the Department of Child and Family Services ("DCFS") as a Foster Care Supervisor in the Foster Care Unit for the DCFS Shreveport Office. In this position, Ms. Rye provides administrative and case-management supervision to foster care staff who are responsible for serving children and families involved with the child welfare system. Ms. Rye's primary responsibilities include supervising and guiding foster care staff, reviewing case documentation and case plans, monitoring compliance with agency policies and required timelines, reviewing court reports, participating in court proceedings and Family Team Meetings, and providing consultations regarding permanency planning, placement stability, family visitation, and child safety and well-being. She also monitors staff performance, provides coaching and professional development, assists with complex case decision-making, and ensures that services provided by her unit are consistent with DCFS policy and applicable child welfare requirements. Ms. Rye's position is primarily supervisory and administrative in nature and does not involve providing psychotherapy, counseling, or other clinical mental health treatment to DCFS clients.
Ms. Rye, a Licensed Master Social Worker, is also employed on a part-time basis with Finding a Better Me, LLC. In this part-time position, Ms. Rye provides community-based behavioral health services to children and families. Her responsibilities include providing Community Psychiatric Support and Treatment (CPST) and Psychosocial Rehabilitation (PSR) services in accordance with individualized treatment plans and identified behavioral health needs. Her duties include assisting clients with developing coping skills, emotional regulation, anxiety and mood management, communication and social skills, problem-solving, and improving daily functioning. Ms. Rye also provides psychoeducation and support to parents and caregivers to strengthen parenting skills, establish appropriate routines and structure, and reinforce strategies that support the child's behavioral and emotional needs. These services may include evidence-based and trauma-informed interventions, skill building, behavioral support, coordination with caregivers, monitoring progress toward treatment goals, and completing required clinical documentation.
Ms. Rye's part-time work is separate and distinct from her full-time work with DCFS. Her outside employer never assigns clients to her when there is DCFS involvement, and DCFS does not refer business to her outside employer. Additionally, Ms. Rye does not perform any part-time work during her scheduled DCFS work hours; she does not use state-issued equipment, resources, facilities, or time for her outside employment; she does not use or disclose any confidential DCFS information in connection with her part-time employment, and she does not provide any services to individuals or families with whom she has a professional responsibility or involvement through her position with DCFS.
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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): 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: (a) Bona fide and actually performed by the public servant or by the entity; (b) Not within the course of his official duties; (c) Not prohibited by R.S. 42:1112 or by applicable laws or regulations governing nonpublic employment for such public servant; and (d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits public servants from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from 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. 42:1115B prohibits public employees from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from 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 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 the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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