2021-367 - Laserfiche WebLink

SOLICITING OF DONATIONS You ask whether the Code will prohibit you from soliciting donations to BAMM Cares to cover the printing costs of the book. La. R.S. 42:1115 provides: A. No public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. B. No public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person: (1) Conducts operations or activities which are regulated by the public employee's agency. (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. The Board concluded, and instructed me to inform you, that Section 1115 prohibits you from soliciting donations from any person who would be considered a prohibited source to you. This includes any person who has a contractual, business, or financial relationship with the Office of Neighborhood Engagement, any person who conducts operations which are regulated by the Office of Neighborhood Engagement, and any person who has substantial economic interests which may be substantially affected by the performance of your duties as a Neighborhood Liaison. Should you have any concerns about a specific potential conflict of interest,the Board suggests you seek an additional advisory opinion. The Board further cautioned,that La. R.S.42:1116A prohibits you from using the authority of your position with the Office of Neighborhood Engagement in a manner intended to compel or coerce any person to provide you,or BAMM Cares,anything of economic value. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. Please note that the Board issues no opinion as to past conduct and that the Board's expressed opinion is limited to an examination of the Code of Governmental Ethics,the Campaign Finance Disclosure Act,the Lobbyist Disclosure Acts, and the conflict of interest provisions in the gaming laws. Page 3 of 4 (Docket No. 2021-367)