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Last modified
4/1/2024 8:41:35 AM
Creation date
4/11/2023 10:16:55 AM
Metadata
2023-069
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-069
Requesting Party
Daniel Gillane
Parties Involved
Lafayette Public Library Board of Control President
Agency at Issue
Lafayette Public Library
Decision Date
4/5/2023
Law
La. R.S. 42:1111A(1)(a)
La. R.S. 42:1117
Caption
The Code of Governmental Ethics prohibits the award of gift cards to Lafayette Pubic Library staff members by the Lafayette Public Library Board of Control President.
Ethics Subject Matters
Payment - Not Duly Entitled
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La. R.S. 42:1117 provides that no public servant or other person shall give,pay, loan, transfer, or <br /> deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant <br /> or other person any thing of economic value which such public servant or other person would be <br /> prohibited from receiving by any provision of this Part. <br /> ANALYSIS <br /> The Library Board President and Library Staff are all public employees,as well as,public servants. <br /> La. R.S. 42:1102(18)(a); 1102(19). As such, the Library staff are prohibited from receiving any <br /> thing of economic value for the performance of their duties and responsibilities as Library <br /> employees. La. R.S. 42:1111(A). The proposed award of a gift card is a thing of economic value <br /> that the employee would receive for the performance of his or her duties and responsibilities — <br /> although exemplary. Library staff would be prohibited from receiving a gift card for the exemplary <br /> performance of their duties and responsibilities. <br /> Similarly, public servants are prohibited from giving, paying, or delivering to any public servant <br /> — directly or indirectly — any thing of economic value, which such public servant would be <br /> prohibited from receiving by any provision of the Code. Library staff are prohibited from receiving <br /> a thing of economic value for the performance of their duties and responsibilities. As a result,the <br /> Board President, any other Board official, and/or Library official are prohibited from awarding <br /> Library staff gift cards for the performance of their duties and responsibilities. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that based on the facts presented,the Code <br /> prohibits the award of gift cards to Lafayette Public Library staff members by the Lafayette Public <br /> Library Board of Control President. <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 Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Act, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions,please contact me at (800) 842-6630 or(225) 219-5600. <br /> Sincerely, <br /> I'L4NA BOARD OF ETHICS <br /> a�iTo6y,�P. Jordan <br /> For thdUBoard <br /> Page 2 of 2 <br /> Docket No.2023-069 <br />
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