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CN 1984-167
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CN 1984-167
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Last modified
11/1/2011 1:50:28 PM
Creation date
6/29/2010 3:10:18 PM
Metadata
CN 1984-167
Fields
Template:
Opinion Item
Opinion Type
Opinion
Docket Number
CN 1984-167
Requesting Party
Members if coaching staffs of state colleges and universities
Parties Involved
Members if coaching staffs of state colleges and universities
Agency at Issue
Coaching staffs of state colleges and universities
Decision Date
8/13/1985
Law
42:111A
Caption
Opinion concerning transfer of a "thing of economic value" to members of coaching staffs of state colleges and universities.
Ethics Subject Matters
Prohibited Sources
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-2- <br /> consideration of the contributions, efforts and activities made by the <br /> • recipient during the course of the particular athletic season. <br /> Though acknowledging that these practices have been <br /> widespread and generally tolerated - if not encouraged - by other <br /> university and college officials, as well as by some elected and <br /> appointed governmental officers, it is the opinion of the Commission that <br /> the activities in question are prohibited by Sections 1111 A of the <br /> Code. <br /> 1 It should also be noted that Section 1115 of the Code contains <br /> a broad restriction against public servants receiving "gifts" from <br /> certain categories of persons. Section 1115 provides as follows: <br /> "1115. Gifts <br /> A. No public servant shall solicit or accept, <br /> directly or indirectly, any thing of economic value <br /> • as a gift or gratuity from any person or from any <br /> officer, director, agent, or employee of such <br /> person, if such public servant knows or reasonably <br /> should know that such person: <br /> (1) Has or is seeking to obtain <br /> contractual or other business or financial <br /> relationships with the public servant's <br /> agency, or <br /> (2) Is seeking, for compensation, to <br /> influence the passage or defeat of <br /> legislation by the public servant's <br /> agency. <br /> B . No public employee shall solicit or accept, <br /> directly or indirectly, anything of economic value as <br /> a gift or gratuity from any person or from any <br /> officer, director, agent, or employee of such <br /> person, if such public employee knows or <br /> reasonably should know that such person: <br /> (1) Conducts operations o r activities <br /> which are regulated by the public <br /> employee's agency. <br /> • (2) Has interests which may be <br /> substantially affected by the performance <br /> or nonperformance of the public employee's <br /> official duty." <br />
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