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2017-1328
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Last modified
7/12/2021 10:21:43 AM
Creation date
1/23/2018 11:46:53 AM
Metadata
2017-1328
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2017-1328
Requesting Party
Patricia Aleshire
Decision Date
1/19/2018
Caption
Advisory opinion that the Site Manager for Rosedown Plantation, which is owned and operated by the Office of State Parks, Department of Cultural Recreation and Tourism, would not be prohibited by the Code of Governmental Ethics from receiving compensation from the sale of her book provided that she has not participated in, and her duties as Site Manager do not include, the authoriship and publication of a book regarding Rosedown Plantation. However, she would be prohibited by La. R.S. 42:1111A(1)(a) from entering into any contract or agreement with Rosedown Plantation to publish, market, or sell the book. Finally, La. R.S. 42:1113A would prohibit her from selling the book at the gift shop located at Rosedown Plantation.
Ethics Subject Matters
Prohibited Contracts
Outside Employment
Payment - Not Duly Entitled
Payment from Third Parties
Prohibited Sources
Public Employee - Definition
Prohibited Transactions
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STATE OF LOUISIANA <br /> 'um..... DEPARTMENT OF STATE CIVIL SERVICE <br /> F LOpJSJ9. <br /> ,` '= y= LOUISIANA BOARD OF ETHICS <br /> gm'di4, ,; v- <br /> �i$ 4,411 <br /> - P.O.BOX 4368 <br /> � ,� BATON ROUGE, LA 70821 <br /> "> • .` (225)219-5600 <br /> — ' <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> January 23, 2018 <br /> Ms. Patricia Aleshire <br /> Rosedown Plantation SHS <br /> 12501 La. Hwy. 10 <br /> St. Francisville, LA 70775 <br /> Re: Ethics Board Docket No. 2017-1328 <br /> Dear Ms. Aleshire: <br /> The Louisiana Board of Ethics, at its January 19,2018 Board meeting, considered your request for <br /> an advisory opinion as to whether the Code of Governmental Ethics would prohibit you from co- <br /> authoring a guide book on the history of Rosedown Plantation. You stated that you are employed <br /> as the Site Manager for Rosedown Plantation which is owned and operated by the Office of State <br /> Parks,Department of Cultural Recreation and Tourism. You stated that you would like to co-author <br /> the guide book with Gail Chisum a photographer and author and that the guide book would combine <br /> current photographs and a written history of the plantation. You provided your job duties and <br /> responsibilities as Site Manager for Rosedown Plantation,which consist of worksite management, <br /> fiscal management(accounting),and personnel management. As Site Manager,you do not acquire <br /> or maintain historical documents or artifacts. You stated that you would write the guidebook outside <br /> of your normal working hours at Rosedown Plantation. You further stated that the guidebook would <br /> be sold at various gift shops in the West Feliciana area and any proceeds attributed to you would be <br /> donated to Friends of Rosedown, a non-profit corporation. <br /> The Board concluded and instructed me to inform you,that, generally, the Code of Governmental <br /> Ethics would not prohibit you from receiving compensation from the sale of your book provided that <br /> you have not participated in, and your duties as Site Manager do not include, the authorship and <br /> publication of a book regarding Rosedown Plantation. La.R.S.42:1111C(1)(a)prohibits a public <br /> servant from receiving anything of economic value for any service, the subject matter of which is <br /> devoted substantially to the responsibilities, programs, or operations of the agency of the public <br /> servant and in which the public servant has participated. <br /> However, please be aware that, in the event you are able to publish and sell the book, La. R.S. <br /> 42:1111 C(2)(d)would prohibit you from receiving compensation from prohibited sources,including <br /> any person or legal entity which has a contractual, business, of financial relationship with your <br /> agency, Rosedown Plantation. Additionally, La. R.S. 42:1111A(1)(a) would prohibit you from <br /> entering into any contract or agreement with Rosedown Plantation to publish, market, or sell the <br /> book. Further,La. R.S.42:1113A would prohibit you from selling the book at the gift shop located <br /> at Rosedown Plantation. Finally, La. R.S. 42:1111A would require you to perform all writing and <br /> research work for the book outside of your normal working hours and activities. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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