2011-720
Created By: Latisha Thomas on 06/29/2011 at 10:25 AM
Category: Ethics Advisory Opinions
Caption:

June 29, 2011

Lea Dauphine, LPC
434 Scarlett St.
Lake Charles, LA 70605

Re: Board Docket No. 2011-720

Dear Ms. Dauphine:

The Louisiana Board of Ethics, at its June 17, 2011 meeting, considered your request for an advisory opinion regarding whether you may become a provider with the Department of Child & Family Services (DCFS). You stated that you are currently have a contract with the Office of Addictive Disorders (OAD) under which you provides counseling to adult women who have substance abuse problems. These women are referred to the OAD by the DCFS.

The Board concluded, and instructed me to advise you, that the Code of Governmental Ethics will not prohibit you from becoming a DCFS provider. Section 1111C(1)(a) prohibits a public servant from receiving any thing of economic value from an outside source for the performance of services which are devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated. However, Section 1111C(1)(a) of the Code will not prohibit you from becoming an DCFS provider as long as you do not serve the same clients you see under your contract with the Office of Addictive Disorders. Additionally, Section 1112 of the Code prohibits a public servant from participating in a transaction in which the public servant has a substantial economic interest. Therefore, you are prohibited from recommending clients you serve under the aforementioned contract to your private practice for other services.

This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any questions, please contact me at (225) 219-5600 or (800) 842-6630.

Sincerely,

LOUISIANA BOARD OF ETHICS



Deidra L. Godfrey
For the Board

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