2021-205 - Laserfiche WebLink

ISSUE NO.3—EMPLOYMENT WITH A PUBLIC SCHOOL SYSTEM Human services districts are charged with providing services for toddlers and their families transitioning from Early Steps to OCDD Home and Community Based Waiver Services, as well as students with developmental disabilities. As a result, local public school systems interact with the respective human services districts to provide the required services. You ask whether an employee of a public school system may be appointed as a member of their respective Regional Advisory Committee. You stated that these school systems are not private schools or charter schools. The Board concluded, and instructed me to inform you, that Section 1111 C(2)(d) (see above) would not prohibit an appointed member of one of the Regional Advisory Committees from receiving compensation from a public school system, since the public school system is not a"person" for purposes of the Code. ISSUE NO.4—PROHIBITED PARTICIPATION You ask whether a member of one of the Regional Advisory Committees or the State Advisory Committee could abstain from voting on issues that present a conflict of interest. La. R.S. 42:1112B(1) provides that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest. La. R.S. 42:1102(13) defines "immediate family" to include a public servant's children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse. La. R.S. 42:1112B(3) provides 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. 42:1102.4 provides: A. If any appointed member of a board or commission in the discharge of a duty or responsibility of his office or position,would be required to vote on a matter which vote would be a violation of R.S. 42:1112, he shall recuse himself from voting. B. An appointed member of a board or commission who recuses himself from voting pursuant to this Section shall be prohibited from participating in discussion and debate concerning the matter. The Board concluded, and instructed me to inform you, that an appointed member of one of the Regional Advisory Committees and of the State Advisory Committee, would be required to recuse themselves from discussion, debate, and vote on any issue that presents a possible violation of participation provisions in La. R.S. 42:1112. Page 5 of 6 (Docket No. 2021-205)