2021-902 - Laserfiche WebLink

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. La. R.S. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or not who is: (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(19) defines "public servant"to mean a public employee or elected official. ANALYSIS As a Child Welfare Supervisor in the Foster Care Program for the Child Welfare Division, Department of Children and Family Services, you are a public employee under La. R.S. 42:1102(18)(x). Accordingly, you are a public servant pursuant to La. R.S. 42:1102(19). The DCFS Child Welfare Division is your agency pursuant to La. R.S. 42:1102(2)(a)(i). Based on the information provided, your work with Guardian Angels Place in certifying foster homes is not the same as your duties supervising caseworkers for DCFS. However, because your agency is the Child Welfare Division and Guardian Angels Place would be contracting through your agency and you could direct that children be placed with Guardian Angels Place, La. R.S. 42:1111 C(2)(d) would be prohibit you from being employed by Guardian Angels Place. CONCLUSION The Board concluded,and instructed me to inform you,that La. R.S. 42:1111 C(2)(d)prohibits you from working for Guardian Angels Place LLC, since it contracts with your agency, and you can place children at Guardian Angels Place. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. Please note that the Board issues no opinion as to past conduct and that the Board's expressed opinion is limited to an examination of the Code of Governmental Ethics,the Campaign Finance Disclosure Act,the Lobbyist Disclosure Acts, and the conflict of interest provisions in the gaming laws. Sincerely, LOUISIANA BOARD O ETHICS 'Greglori L. hibodeaux For the Board Page 2 of 2 (BD 2021-902)