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Last modified
7/12/2021 11:03:53 AM
Creation date
3/20/2017 1:10:22 PM
Metadata
2016-1340
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1340
Requesting Party
Thomas Skinner
Agency at Issue
LSU Foundation
Decision Date
3/17/2017
Caption
Advisory opinion that the Code of Governmental Ethics would prohibit the Louisiana State University Vice President, who is also serving as the CEO of LSU Foundation, from being compensated solely by the LSU Foundation. However, La. R.S. 42:1111A(1)(b) would allow the LSU Vice President to receive supplementary compensation or benefits from funds accruing to the benefit of LSU as approved by the appropriate policy or management board, through the Foundation. Additionally, the LSU Foundation must reimburse LSU, either directly or through in-kind services, for the cost of LSU employees furnished to support the LSU Foundation. The Code of Governmental Ethics would not prohibit the LSU CFO from serving as the interim Foundation CFO, provided that his duties and compensation as LSU CFO will be continued without change and the LSU Foundation will reimburse LSU for the portion of his salary attributable to time spent on Foundation matters and away from his regular LSU duties. In general, La. R.S. 42:1112B(3) would prohibit the LSU Vice President/Foundation CEO from participating, in his capacity as LSU Vice President, in any transaction involving LSU in which the economic interest is of greater benefit to the Foundation than to any of the other LSU affiliated foundations. Finally, La. R.S. 42:1115 would prohibit the LSU Vice President from soliciting and/or accepting donations from certain prohibited sources for his personal benefit as well as for the benefit of his agency or other person.
Ethics Subject Matters
Payment - Not Duly Entitled
Participation
Prohibited Sources
Donations
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prohibited sources will include any person who: (1) has or is seeking to obtain contractual <br /> or other business or financial relationships with the Office; (2) is seeking, for <br /> compensation, to influence the passage or defeat of legislation by the Office; (3) conducts <br /> operations or activities which are regulated by the Office; or (4) has substantial economic <br /> interests which may be substantially affected by the performance or nonperformance of <br /> his official duties. Furthermore, pursuant to La. R.S. 17:3390B(3), LSU employees <br /> performing services on behalf of the Foundation shall remain public servants for all <br /> purposes. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> as presented may result in a different application of the provisions of the Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other <br /> than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the <br /> Lobbyist Disclosure Act, and conflict of interest provisions in the gaming laws. If you <br /> have any questions, please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> V n <br /> Vivian Haley Willis _ s <br /> For the Board <br />
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