2025-260 - Laserfiche WebLink

"B.No public employee shall solicit or accept,directly or indirectly,any thing 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) 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." La. R.S. 42:1511.1 provides that no person from whom a public servant is prohibited by R.S. 42:H 111 or 1115(A) from receiving a thing of economic value shall give to such a public servant any food, drink, or refreshment the total value of which exceeds eighty-one dollars for a single eve,,.-it at which food, drink, or refreshment is given. La. R.S. 42:1102(2)(a)(i) defines "agency" to mean, public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities. La. R.S. 42:1102(18)(a) defines "public employee"to mean any person,whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the app3intment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof, (iii)engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS All employees of DCFS are public employees, pursuant to La. R.S. 42:1102(18), and public servants pursuant to La. R.S. 42:1102(19). Their agency is DCFS, pursuant to La. R.S. 42: 102(2)(a)(i)• La. R.S. 42:1115 prohibits DCFS employees from receiving gifts and donations from DCFS vendors. However, La. R.S. 42:1115.1 provides an exception to this rule, allowing DCFS employees to accept food and beverages from vendors, provided that the value of the food and beverage at the event does not exceed $81 per employee, and the food and beverage is consumed while the provider is present. Under the scenario you have provided, the elements of the exception are met, provided that the value of the food and beverage is less than$81 per employee. CONCLUSION The Board concluded, and instructed me to inform you,that the Code permits DCFS employees to accept food and beverages from DCFS vendors at an event where the vendors are present and the value of the food and beverages does not exceed $81. Page 2 of 3 (BD 2025-260)