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Last modified
7/12/2021 10:21:39 AM
Creation date
1/22/2018 1:15:13 PM
Metadata
2017-1292
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1292
Requesting Party
Emmy O'Dwyer
Decision Date
1/19/2018
Caption
Advisory opinion that the Code of Governmental Ethics would prohibit an Educational Program Consultant with the Early Childhood Division of the Louisiana Department of Education from providing fee-based trainings to early childhood teachers and directors, since the Early Childhood Divisions of the Department of Education regulates early childcare centers. Addiitonally, she would be prohibited from providing strategic planning guidance to early childhood programs at private school based centers because they are licensed by the Early Childhood Division of the Department of Education. However, she would not be prohibited by the W.K. Kellogg Foundation to develop curriculum for the next class of fellows, since the Foundation has no contractual, business, or financial relationship with, and are not regulated by, her agency.
Ethics Subject Matters
Outside Employment
Public Employee - Definition
Prohibited Sources
Payment from Third Parties
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� STATE OF LOUISIANA <br /> .�" E L.U'' DEPARTMENT OF STATE CIVIL SERVICE <br /> ; � „''s,9`' LOUISIANA BOARD OF ETHICS <br /> giu;l,. 1 • P.O.BOX 4368 <br /> BATON ROUGE,LA 70821 <br /> ,, (225)219-5600 <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> January 22,2018 <br /> Emmy O'Dwyer <br /> 108 Harding Street <br /> Jefferson,Louisiana 70121 <br /> Re: Louisiana Board of Ethics <br /> Docket No.2017-1292 <br /> Dear Ms. O'Dwyer, <br /> The Louisiana Board of Ethics, at its January 19, 2018, meeting, considered your request for an <br /> advisory opinion as to whether the Code of Governmental Ethics (Code) would prohibit you <br /> from engaging in certain work activities outside of your duties as an Educational Program Con- <br /> sultant with the Early Childhood Division of the Louisiana Department of Education (LDE). <br /> Your duties as an Educational Program Consultant include the development of a Leadership <br /> Academy for childcare directors of publicly funded childcare centers, which will be piloted in <br /> New Orleans and then implemented statewide.You seek guidance on three possible scenarios. <br /> 1. FEE-BASED TRAININGS TO EARLY CHILDHOOD TEACHERS AND DIRECTORS <br /> You have provided fee-based trainings to early childhood teachers and directors for primarily <br /> private schools that have early learning programs in the New Orleans area. You hold community <br /> based training or a program may request that you work exclusively with their faculty. Although <br /> these private schools do not accept public funding, they are all licensed by the Early Childhood <br /> Division of LDE. <br /> La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public <br /> servant exercises control or owns an interest in excess of twenty-five percent, shall receive any <br /> thing of economic value for or in consideration of services rendered, or to be rendered, to or <br /> for any person during his public service unless such services are neither performed for nor com- <br /> pensated by any person or from any officer,director, agent, or employee of such person,if such <br /> public servant knows or reasonably should know that such person: (1) has or is seeking to obtain <br /> contractual or other business or financial relationships with the public servant's agency; (2) con- <br /> ducts operations or activities which are regulated by the public employee's agency; (3) or <br /> has substantial economic interests which may be substantially affected by the performance or <br /> nonperformance of the public employee's official duty. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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