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2019-267
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Last modified
7/12/2021 10:14:34 AM
Creation date
4/16/2019 3:03:13 PM
Metadata
2019-267
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Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-267
Requesting Party
Department of Children & Family Services
Decision Date
4/12/2019
Law
La. R.S. 42:1111A
La. R.S. 42:1111C(2)(d)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit the Director of Economic Stability with the Louisiana Department of Children and Family Services from accepting an honorarium from Technical Working Group, an agency of the federal government, since she would not be providing any service which is part of her public duties and Technical Working Group is not a person, but an agency of the federal government.
Ethics Subject Matters
Payment - Not Duly Entitled
Prohibited Assistance
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thing of economic value for or in consideration of services rendered, or to be rendered, to or for <br /> any person during his public service unless such services are: (d) Neither performed for nor <br /> compensated by any person or from any officer, director, agent, or employee of such person, if <br /> such public servant knows or reasonably should know that such person has or is seeking to <br /> obtain contractual or other business or financial relationships with the public servant's agency; <br /> conducts operations or activities which are regulated by the public employee's agency; or has <br /> substantial economic interests which may be substantially affected by the performance or <br /> nonperformance of the public employee's official duty. <br /> La. R.S. 42:1102(16) provides that "person" means an individual or legal entity other than a <br /> governmental entity, or agency thereof. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that based on the facts presented, Section <br /> 1111A the Code of Governmental Ethics would not prohibit you from accepting an honorarium <br /> from the TWG since you would not be providing the any service which is part of your public <br /> duties. Additionally, Section 1111 C2(d) of the Code would not prohibit you from accepting the <br /> honorarium since TWG is not a person, it is an agency of the federal government. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts <br /> presented may result in a different application of the provisions of the Code of Ethics. The <br /> Board issues no opinion as to past conduct or laws other than Code of Governmental Ethics. If <br /> you have any questions, please contact me at (225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> ,,,j <br /> CL-0;y7 <br /> Suzanne Quinlan Mooney <br /> For the Board <br />
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