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Last modified
7/12/2021 11:06:02 AM
Creation date
12/18/2017 11:51:02 AM
Metadata
2017-1236
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1236
Requesting Party
Rennetta K. Wells
Decision Date
12/15/2017
Caption
Advisory opinion that the Code of Governmental Ethics would not prohibit a public servant who is a Louisiana Support Enforcement Association board member from soliciting any type of donation for door prizes from a person, provided that the person is not prohibited from providing a gift to the public servant pursuant to La. R.S. 42:1115. Additionally, there is no provision within the Code of Governmental Ethics that would prohibit a former public servant from soliciting any typr of donations for door prizes on the Associations behalf. Finally, the Code would not prohibit a public servant from accepting any type of door prize awarded via a random drawing, provided that the person donating the prize is not a prohibited source as per La. R.S. 42:1115.
Ethics Subject Matters
Gifts
Boards and Commissions
Public Employee - Definition
Prohibited Sources
Prohibited Transactions
Payment from Third Parties
Payment - Not Duly Entitled
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of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee <br /> of such person, if such_public servant knows or reasonably should know that such person conducts <br /> operations or activities which are regulated by the public employee's agency. La. R.S. 42:1115B(2) <br /> prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic <br /> value as a gift or gratuity from any person or from any officer, director, agent, or employee of such <br /> person, if such public servant knows or reasonably should know that such person has a substantial <br /> economic interest which may be substantially affected by the performance or nonperformance of the <br /> public employee's office duty. <br /> (2) Is it permissible for a former public servant to solicit donations for door prizes on <br /> LSEA's behalf? If so, are there any limitations on the type of prizes that can be <br /> solicited? <br /> The Board concluded, and instructed me to inform you, that there is no provision within the Code of <br /> Governmental Ethics which would prohibit a former public servant from soliciting any type of <br /> donations for door prizes on LSEA's behalf. <br /> (3) Is it permissible for an attendee who is a public servant to accept a door prize? If so, <br /> what type of door prize(s) may the public servant accept? <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would not <br /> prohibit a public servant from accepting any type of door prize awarded via a random drawing, provided <br /> that the person donating the prize is not a prohibited source.As set forth in La. R.S. 42:1115 referenced <br /> above, prohibited sources are those persons (1) who have or is seeking to obtain a contractual or other <br /> business or financial relationships with the public servant's agency; (2) who conduct operations or <br /> activities which are regulated by the public employee's agency; and (3) who have a substantial economic <br /> interest which may be substantially affected by the performance or nonperformance of the public <br /> employee's office duty. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented <br /> may result in a different application of the provisions of the Code of Governmental Ethics. The Board <br /> issues no opinion as to past conduct or as to laws other than the Code of Governmental Ethics, the <br /> Campaign Finance Disclosure Act,the Lobbyist Disclosure Act, and conflict of interest provisions in <br /> the gaming laws.If you have any questions,please contact me at(800)842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> , ", C --e5vvV/\ <br /> Jen rifer T.L.liPd <br /> For the Board <br />
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