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Last modified
4/1/2024 8:38:30 AM
Creation date
4/12/2022 2:08:01 PM
Metadata
2022-074
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-074
Requesting Party
Louis Trachtman, MD, MPH
Parties Involved
Louis Trachtman
Agency at Issue
Louisiana Office of Public Health
Tuberculosis Control Program
Decision Date
4/8/2022
Law
1115A(1)
Caption
Advisory opinion advising that an employee of the Tuberculosis Control Program for the Louisiana Office of Public Health is not prohibited from accepting an e-certificate from the Preventive Medicine Residency Program of Tulane University since it does not have a contractual relationship with his agency.
Ethics Subject Matters
Gifts
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such public servant carries out his primary responsibilities. <br /> La. R.S. 42:1115(A)(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, agent, <br /> or employee of such person, if such public servant knows or reasonably should know that such person <br /> has or is seeking to have a contractual, business or financial relationship with the public servant's <br /> agency. <br /> ANALYSIS <br /> Your agency is defined as the office in which you carry out your primary responsibilities, if you serve <br /> one (1) of the twenty (20) principal departments of the Louisiana State executive branch, pursuant to <br /> La. R.S. 42:1102(2)(a)(i). The TCP is a program of the Louisiana Department of Health, which is a <br /> member of the Governor of Louisiana's Cabinet. La. R.S.42:1115(A)(1)prohibits a public servant from <br /> soliciting or accepting,directly or indirectly, any thing of economic value as a gift or gratuity from any <br /> person or from any officer, director, agent, or employee of such person, if such public servant knows <br /> or reasonably should know that such person has or is seeking to have a contractual,business or financial <br /> relationship with the public servant's agency. Tulane University School of Medicine does not have a <br /> contractual relationship with the TCP,which is your agency. <br /> CONCLUSION <br /> The Board concluded,and instructed me to inform you,that based on the facts presented,the Code does <br /> not prohibit you from accepting an e-Gift certificate from the Preventive Medicine residency program, <br /> while you are a part-time employee of the TCP. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented <br /> may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. <br /> The Board issues no opinion as to past conduct or as to laws other than the Louisiana Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Act, and the <br /> conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any <br /> questions, please contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> LaToya Jordan <br /> For the Idoard <br /> Page.2 of 2 <br /> Docket No.2022-074 <br />
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