072419 KSEO, ETH 2019-04

• Case Date: July 24, 2019
• Court: Kansas

ETH 2019-04 Opinion No. 2019-04 Kansas Ethics Opinion July 24, 2019          Mr. Jeffrey A. Chanay          Chief Deputy Attorney General          120 SW 10th Ave., 2^nd Floor          Topeka, Kansas 66612-1597          Synopsis: Under the facts presented, a former state employee may accept an employment offer with the Office of the Attorney General of Kansas without violating Kansas governmental ethics laws.          Cited herein: K.S.A. 46-233.          Dear Mr. Chanay:          We understand that, in your capacity as chief deputy attorney general for the Kansas Office of the Attorney General (OAG), you request our opinion concerning application of the state governmental ethics law, K.S.A. 46-215 et seq. Our opinion in response to your request is limited to its applicability. This opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry.          FACTUAL STATEMENT          The following factual statement is provided in the request for opinion:

...a former OAG employee [...] [is] now employed by a private employer that receives funds from two entities that have direct contractual relationships with another state agency.

The potential employee in question served as Secretary of the Department for Children and Families (DCF) from 2017 until January 2019. During the time that she served as Secretary she signed contract amendments with various private entities that provide case management services for DCF. Two of those entities, St. Francis Ministries and KVC Kansas, in turn, contract with O'Connell Youth Ranch (OYR) for the placement of boys in need of social services prior to adoption, for foster care, or for integration into their families. OYR is licensed by DCF as a residential living facility and it has a provider agreement with the agency. OYR's license and provider agreement were in place with DCF prior to when the former Secretary assumed her duties. In addition, the relationship between O'Connell Youth Ranch and St. Francis Ministries and KVC Kansas existed long

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