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Last modified
7/12/2021 10:24:55 AM
Creation date
12/17/2018 4:28:12 PM
Metadata
2018-1414
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-1414
Requesting Party
Rene Hollins
Decision Date
12/14/2018
Law
42:1111A(1)(a)
42:1123(2)(a)
Caption
The Code of Governmental Ethics would not prohibit Cynthia Sylvain-Lear, the Director of Sanitation for the City of New Orleans, from accepting a monetary award from Keep Louisiana Beautiful as the award falls within the exception for meritorious public contributions given by public service organizations.
Ethics Subject Matters
Payment - Not Duly Entitled
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STATE OF LOUISIANA <br /> •*o LO,is�.,. <br /> .Q DEPARTMENT OF STATE CIVIL SERVICE <br /> 9 LOUISIANA BOARD OF ETHICS <br /> z <br /> yy <br /> P.O. BOX 4368 <br /> .;4/4 ; BATON ROUGE,LA 70821 <br /> '" , (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> wwwethics.la.gov <br /> December 18, 2018 <br /> Rene Hollins, Chief Operations Manager <br /> Chief Administrative Office <br /> City of New Orleans <br /> 1300 Perdido Street, Room 9E06 <br /> New Orleans, LA 70112 <br /> Re: Ethics Board Docket No. 2018-1414 <br /> Dear Ms. Hollins: <br /> The Louisiana Board of Ethics, at its December 14, 2018, meeting, considered your request <br /> for an advisory opinion as to whether Cynthia Sylvain-Lear may accept a monetary award <br /> given by Keep Louisiana Beautiful, a non-profit organization that focuses on education, <br /> enforcement, awareness, litter removal and beautification with the goal of improving <br /> communities and transforming public spaces. You stated that Cynthia Sylvain-Lear, the <br /> Director of Sanitation for the City of New Orleans, was nominated for the Golden Can Award <br /> by a Deputy Administrator because her department worked to increase recycling, reduce city <br /> tipping fees, and manage household hazardous waste. Keep Louisiana Beautiful selected Ms. <br /> Sylvain-Lear to receive the Golden Can Award along with a $200 monetary award. You also <br /> stated that if her acceptance of the award is allowed, Ms. Sylvain-Lear will give the $200 to <br /> the Department of Sanitation for its use. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental <br /> Ethics does not prohibit Cynthia Sylvain-Lear from accepting the Golden Can Award and the <br /> $200 monetary award from Keep Louisiana Beautiful. La. R.S. 42:1111A(1) prohibits a <br /> public servant from receiving any thing of economic value, other than compensation and <br /> benefits from the governmental entity to which she is duly entitled, for the performance of <br /> the duties and responsibilities of her office and position. La. R.S. 42:1123(2)(a) provides an <br /> exception for the receipt of awards for meritorious public contributions given by public <br /> service organizations. La. R.S. 42:1102(30) allows a public servant to donate services, <br /> movable property, or funds to her agency. <br /> The Board concluded that the exceptions found in La. R.S. 42:1123(2)(a) and La. R.S. <br /> 42:1123(30) are applicable in this situation. Therefore, Cynthia Sylvain-Lear may accept the <br /> monetary award from Keep Louisiana Beautiful and donate it to the Department of Sanitation <br /> if she so chooses. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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