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Entry Properties
Last modified
7/12/2021 9:49:22 AM
Creation date
5/10/2021 9:29:59 AM
Metadata
2021-205
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2021-205
Requesting Party
Kathy Dwyer
Decision Date
5/7/2021
Law
R.S. 42:1111C(2)(d)
R.S. 42:1113B
R.S. 42:1112B(3)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit members of the Regional Advisory Committee or members of the State Advisory Committee from receiving employment compensation from Families Helping Families.
Ethics Subject Matters
Prohibited Assistance
Prohibited Transactions
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LA. DEVELOPMENTAL DISABILITIES COUNCIL <br /> Pursuant to La. R.S. 28:750 et seq., the La. Developmental Disabilities Council was <br /> established as a separate part of LDH to serve as an advocate for persons with <br /> developmental disabilities. The Council plans effective coordination of state resources to <br /> meet the needs of persons with developmental disabilities,promotes the dignity of persons <br /> with developmental disabilities, serves as an advisor to the governor,the secretary of LDH, <br /> and the legislature on programs and policies pertaining to services for persons with <br /> developmental disabilities and their families, and promotes the provision of a full range of <br /> services,assistance,and opportunities for persons with developmental disabilities. La. R.S. <br /> 28:750B. Members are appointed by the governor, and shall consist of individuals with <br /> developmental disabilities, parents or guardians of children with developmental <br /> disabilities, or immediate relatives or guardians of adults with mentally impairing <br /> developmental disabilities who cannot advocate for themselves. <br /> You ask several questions regarding the application of the Code to members of the Regional <br /> Advisory Committees and the State Advisory Committee. <br /> ISSUE NO. 1—EMPLOYMENT WITH A PRIVATE ENTITY <br /> The Families Helping Families ("FHF")Networks are private,non-profit resource centers. <br /> They promote advocacy and are committed to reaching families who have members with <br /> disabilities. The individual FHF centers are directed and staffed by parents, self-advocates, <br /> or family members of individuals with disabilities. The centers provide education and <br /> trainings, peer support, and information and referrals as part of their services. There is a <br /> separate FHF center in each human services district and authority region. Each FHF center <br /> may have a contractual relationship with their respective human services district as well as <br /> directly with OCDD and La. Developmental Disabilities Council.You stated that FHF does <br /> not have a contractual relationship with any of the Regional Advisory Committees, and <br /> does not receive funding from the Regional Advisory Committees. You further stated that <br /> neither the Regional Advisory Committees, nor the State Advisory Committee, has the <br /> authority to affect the service provider contracts with OCDD or the human services <br /> districts. <br /> You ask whether employees of FHF can serve as appointed members of their respective <br /> Regional Advisory Committee while FHF has a contractual relationship with the individual <br /> human services districts, OCDD, and the La. Developmental Disabilities Council. <br /> La. R.S. 42:1111C(2)(d) provides that no public servant shall receive any thing of <br /> economic value for services rendered to a person if that person: (1) has a contractual, <br /> business,or financial relationship with the public servant's agency;(2)conducts operations <br /> which are regulated by the public employee's agency; or (3) has substantial economic <br /> interests which may be substantially affected by the performance or nonperformance of the <br /> public employee's official duty. La. R.S. 42:1102(2)(a) defines "agency" to mean a <br /> department, office, division, agency, commission, board, committee, or other <br /> Page 3 of 6 (Docket No. 2021-205) <br />
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