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2016-679 (2)
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2016-679 (2)
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Last modified
7/12/2021 11:23:18 AM
Creation date
1/18/2017 3:44:09 PM
Metadata
2016-679 (2)
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-679
Requesting Party
Philip C. Williams
Parties Involved
McNeese State University
Southern Association of Colleges and Schools Commission
University of Louisiana System
Louisiana Student Financial Aid Administrators
Southwest Association of Student Financial Aid Administrators
National Association of Studen Financial Aid Administrators
Decision Date
12/16/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a McNeese State University employee from receiving complimentary accommodations of lodging and transportation since the employee is traveling in his capacity as a member of the task force and committee; A McNeese employee would not be prohibited from receiving complimentary travel from SWASFAA, since it is not coming from a prohibited source and it is given to the employee in his capacity as President of the SWASFAA; a McNeese employee who receive proper approval within the McNeese faculty workload policy would not be prohibited by La. R.S. 42:1111A from receiving airfare, meals, bunk, and transportation to and from the Ocean Exploration Trust as part of a fellowship since the employee is not receiving a thing of economic value for being a McNeese professor; a McNeese employee who received proper approval within the McNeese faulty workload policy would not be prohibited from receiving travel and lodging associated with public universities outside of the United States with such expense being paid by a foreign government; the exception in La. R.S. 42:1123(6) is applicable to a public employee of a public higher educational institution covered by the tenure policy of the Board of Regents or the tenure policies and the administration of the tenure policies by the three higher educational management board; however, administrative employees not covered by the tenure policy would not fall within the exception.
Ethics Subject Matters
Boards and Commissions
Payment from Third Parties
Post Employment
Prohibited Sources
Travel Expenses
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maintain the knowledge and skills required to maintain an appropriate level of competence and <br /> remain current on laws and regulations associated with their field or profession,but do not require <br /> them to serve as an officer, chair, or committee member to any organization. <br /> la:) A McNeese Financial Aid employee is asked to chair a task force and a committee for <br /> NASFAA. The responsibility of the chair is to organize the national conference for over 3,000 <br /> conference attendees. This requires coordination through telephone conferences and one trip to <br /> Washington, D.C. Lodging and transportation are provided by NASFAA for the trip to D.C. in <br /> preparation of the national conference.NASFAA makes the arrangements directly with the hotels <br /> and/or airlines and no funds are provided directly to the employee or the University. <br /> Question la) <br /> Does the institutional membership and the fact that the complimentary travel is paid on behalf <br /> of the University and not the employee while on University time constitute a violation of La. <br /> R.S. 42:1111(A)?Is an affidavit of disclosure required? <br /> The Board concluded,and instructed me to inform you,that under the facts provided,the McNeese <br /> employee would not be prohibited from receiving the complimentary accommodations of lodging <br /> and transportation provided by NASFAA. La.R.S. 42:1111(A)prohibits a person from receiving <br /> anything of economic value,other than compensation and benefits from the governmental entity,for <br /> the performance of the duties and responsibilities of his office. The accommodations are made by <br /> a national association that does not have nor is seeking to have a contractual or business relationship <br /> with the University.Since the employee is traveling in his capacity as a member of the task force and <br /> committee,the lodging and travel received by the employee is not derived from a prohibited source, <br /> the McNeese employee's acceptance of accommodations is not prohibited.Further,an affidavit does <br /> not need to be filed in this instance. <br /> lb) A McNeese Financial Aid employee was elected to serve as the President of the SWASFAA <br /> association.As President,the responsibilities are to travel to the various regions to preside over the <br /> meetings of the association,give presentations at these meetings and to serve on the NASFAA Board <br /> of Directors.During these travels,payment for lodging is paid by the employee and simultaneously <br /> reimbursed by the SWASFAA for a portion of the lodging and the remainder is reimbursed by the <br /> University. <br /> Questions lb) <br /> Does the institutional membership and the fact that the complimentary travel is paid on behalf <br /> of the University and not the employee while on University time constitute a violation of La. <br /> R.S. 42:1111(A)? Is an affidavit of disclosure required? <br /> The Board concluded,and instructed me to inform you,that under the facts provided,the McNeese <br /> employee would not be prohibited from receiving the complimentary travel provided by SWASFAA. <br /> 2 <br />
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