| Advisory Opinion Request from Jourdan Alsobrook, as to whether the Code of Governmental Ethics (the "Code") prohibits her participation in a private leadership program while she is employed by the Louisiana Department of Education ("LDOE"). |
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Ms. Alsobrook is currently employed by LDOE as an instruction materials specialist. She would like to participate in a leadership development program (the "Program") operated by Baton Rouge Alliance for Students, a non-profit corporation ("BRAS"). Her participation in the Program would not involve her receiving any compensation from BRAS.
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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. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1114 provides that each public servant and each member of his immediate family who derives anything 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 certain information as set forth in Section 1114.
La. R.S. 42:1102(17) defines "public servant" to mean a public employee or an elected official.
La. R.S. 42:1102(18) defines "employee" to mean Anyone, whether compensated or not, who is (i) an administrative officer or official of a governmental entity who is not filling an elective office. (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) engaged in the performance of a governmental function. (iv) under the supervision or authority of an elected official or another employee of the governmental entity
La. R.S. 42:1102(25)(a) defines "thing of economic value" to mean money or any other thing having economic value.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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