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Last modified
7/12/2021 10:12:49 AM
Creation date
11/20/2019 11:20:39 AM
Metadata
2019-1081
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2019-1081
Requesting Party
Melissa Young
Decision Date
11/15/2019
Law
La. R.S. 42:1111A
La. R.S. 42:1115A(1)
Caption
Advisory Opinion whereby the Code of Governmental Ethics would not prohibit an employee of the Department of Public Safety and Corrections from receiving a car won at the annual American Correctional Association Conference since the provider of the car did not have a contract with the Division of Probation and Parole and it was not received for the performance of her duties as an employee of the Department of Public Safety and Corrections.
Ethics Subject Matters
Gifts
Payment - Not Duly Entitled
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LAW <br /> La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other <br /> than compensation and benefits from the governmental entity to which he is duly entitled, for the <br /> performance of the duties and responsibilities of his office or position. <br /> La. R.S.42:1115A(1)prohibits a public servant from soliciting or accepting,directly or indirectly, <br /> any thing of economic value as a gift or gratuity from any person or from any officer, director, <br /> agent, or employee of such person, if such public servant knows or reasonably should know that <br /> such person has or is seeking to have a contractual, business or financial relationship with the <br /> public servant's agency. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would not prohibit you from receiving the car due to the business, contractual, or financial <br /> relationship between Attenti and the Division of Probation and Parole. La. R.S. 42:1115A(1) <br /> prohibits a public servant from soliciting or accepting any thing of economic value from anyone <br /> who has or is seeking to obtain a contractual or other business or financial relationship with the <br /> public servant's agency. While Attenti does have a contract with the Division of Probation and <br /> Parole, the services it provides are limited to the Technology and Records Program, a unit that is <br /> distinct in organization and responsibilities from the Reentry Program in which you serve. <br /> Furthermore, as your receipt of the car was not for the performance of your duties and <br /> responsibilities as an employee of DPSC, La. R.S. 42:1111A would not be violated. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no <br /> opinion as to past conduct or laws other than Code of Governmental Ethics. If you have any <br /> questions, please contact me at (225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> Val),/ JJt/ <br /> Matthew R. DeVille <br /> For the Board <br />
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