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Last modified
7/12/2021 11:19:03 AM
Creation date
12/20/2016 9:04:26 AM
Metadata
2016-1050
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1050
Requesting Party
Patrick Henry Kiley
Parties Involved
Washington National Insurance Company
Division of Administration's Office of Uniform Payroll
Decision Date
12/16/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit public servants from accepting promotional gifts from Washington National Insurance Company, since the gifts cost less than $5 dollars and bears the company’s logo.
Ethics Subject Matters
Gifts
Prohibited Sources
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STATE OF LOUISIANA <br /> o`'o oui DEPARTMENT OF STATE CIVIL SERVICE <br /> J'''��o+ � rs19 <br /> ,�, .y LOUISIANA BOARD OF ETHICS <br /> li��hb��"�>���„ P.O. BOX 4368 <br /> JD ' 4% <br /> c BATON ROUGE,LA 70821 <br /> °"R;o ,d' (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.Ia.us <br /> December 20, 2016 <br /> Patrick Henry Kiley <br /> 5960 Siegen Ln, Apt 6109 <br /> Baton Rouge, LA 70809 <br /> Re: Ethics Board Docket No. 2016-1050 <br /> Dear Mr. Kiley: <br /> The Louisiana Board of Ethics, at its December 16, 2016 meeting, considered your <br /> request for an advisory opinion, submitted on behalf of Washington National Insurance <br /> Company, regarding whether certain gifts would be considered promotional items. You <br /> provided the following background information for consideration in connection with your <br /> request: <br /> Washington National Insurance Company is a supplemental health insurance vendor <br /> approved through the Division of Administration's Office of Uniform Payroll. <br /> Representatives of Washington National Insurance Company offer gifts to individuals, <br /> including public servants, who attend a ten-minute presentation. The gifts include ear <br /> buds, pocket LED flashlights, reusable totes, stainless steel tumblers, umbrellas, and <br /> scented candles, each of which costs less than $5 and bears the company's logo. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics would not prohibit public servants from accepting the gifts described herein. La. <br /> R.S. 42:1115 prohibits a public servant from soliciting or accepting, directly or indirectly, <br /> any thing of economic value as a gift or gratuity from certain prohibited sources. <br /> However, La. R.S. 42:1102(22) defines a "thing of economic value" to mean money or <br /> any other thing having economic value, except promotional items having no substantial <br /> resale value. Since each of the gifts offered by representatives of Washington National <br /> Insurance Company costs less than $5 and bears the company's logo, they would be <br /> classified as promotional items under La. R.S. 42:1102(22). Therefore, it would not <br /> present a violation of La. R.S. 42:1115 if a public servant accepts any of the gifts <br /> described herein. <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 /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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