2009 Louisiana Laws TITLE 46 Public welfare and assistance :: RS 46:2113 Employment; employees

§2113.  Employment; employees

A.  For the purpose set forth in Section 2111, the assistant secretary of the Department of Children and Family Services shall employ an individual to serve as an advocate and such other employees as are necessary to carry out the purpose of this Chapter.  

B.  To ensure that the advocate is able to carry out his duties and responsibilities and shall pursue his duties without malice as set forth and made mandatory in this Chapter, no disciplinary actions shall be taken against the advocate except where the advocate is found to have, intentionally or through negligence, acted in such a manner that state civil service rules and regulations governing civil service employees have been violated.  Therefore, it is hereby made mandatory that the advocate:

(1)  Prescribe the methods by which complaints are to be made, received, and acted upon.  

(2)  Investigate, on complaint or on his own motion, any administrative act of any administrative agency of the state or its political subdivisions where it reasonably appears that the purposes of this Chapter will be abridged by such administrative act.  

(3)  Request and be given by each administrative agency any information necessary for the discharge of his responsibilities.  

(4)  Request and be given admission, at a reasonable time, onto any premises under the control of any administrative agency of the state or its political subdivisions, to inspect the physical plant, to ensure compliance with all federal, state, and local laws regarding ingress, utilization, and egress of public facilities.  

(5)  Determine the form, frequency, and distribution of his conclusions, recommendations, and/or proposals subject to the requirements of this Chapter.  

(6)  Seek corrective measures where agencies are found to be out of compliance with federal or state laws, as referred to in Section 2111 of this Chapter, by submitting conclusions, recommendations, and/or proposals to the agencies involved, informing them of their noncompliance.  If, after ninety days have elapsed, no corrective measures have been taken upon the advocate's conclusions, recommendations, and/or proposals, he shall seek corrective action through the attorney general's office and shall submit such reports to the joint legislative committee on health and human resources.  

(7)  Undertake, participate in, or cooperate with public studies or inquiries, whether or not related to any administrative act, if he believes that they may enhance knowledge about or lead to improvements in the functioning of administrative agencies in upgrading services to handicapped persons.  

C.  Neither the advocate nor any employee of the bureau shall lobby for or against any matter pending before the legislature.  

Added by Acts 1978, No. 155, §1.