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2023-430
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Last modified
4/1/2024 8:42:36 AM
Creation date
7/10/2023 8:31:10 AM
Metadata
2023-430
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-430
Requesting Party
Silas Cooper
Parties Involved
American Cancer Society
Agency at Issue
New Orleans Center for Creative Arts
Decision Date
7/7/2023
Law
La. R.S. 42:1115A
La. R.S. 42:1115B
Caption
The Code of Governmental Ethics permits Silas Cooper, CEO of the New Orleans Center for Creative Arts, to serve as an Ambassador for the Men Wear Pink organization of the American Cancer Society as long as he does not solicit and/or accept donations from prohibited sources.
Ethics Subject Matters
Gifts
Prohibited Sources
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(2) Is seeking, for compensation, to influence the passage or defeat of legislation by the pubic <br /> servant's agency. <br /> La. R.S. 42:1115B provides that no public employee shall solicit or accept, directly or indirectly, <br /> any thing of economic value as a gift or gratuity from any person or from any officer, director, <br /> agent, or employee of such person, if such public servant knows or reasonably should know that <br /> such person: <br /> (1) Conducts operations or activities that are regulated by the public employees' agency. <br /> (2) Has a substantial economic interest which may be substantially affected by the performance <br /> or nonperformance of the public employee's office duty. <br /> La. R.S. 42:1102(16) defines " ep rson" an individual or legal entity other than a governmental <br /> entity, or an agency thereof. <br /> La. R.S. 42:1102(18)(a) defines "public employee" as anyone, whether compensated or not, who <br /> is: <br /> (i) An administrative officer or official of a governmental entity who is not filling an <br /> elective office. <br /> (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental <br /> entity or an agency thereof, either as a member of an agency, or as an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> (iv) Under the supervision or authority of an elected official or another employee of the <br /> governmental entity. <br /> La. R.S. 42: 1102(19) "Public servant" means a public employee or an elected official. <br /> La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean <br /> the department, office, division, agency, commission, board, committee, or other organizational <br /> unit of a governmental entity in which the public servant serves. <br /> ANALYSIS AND CONCLUSION <br /> As the President/CEO of the New Orleans Center for Creative Arts, you are considered a public <br /> servant pursuant to La.R.S.42:1102(19).Your agency for purposes of the Code is the New Orleans <br /> Center for Creative Arts pursuant to La. R.S. 42:1102(2)(a)(vi). <br /> The Board concluded, and instructed me to inform you, that the Code permits you to serve as an <br /> Ambassador for the Men Wear Pink organization of the American Cancer Society as long as you <br /> do not solicit and/or accept donations from those persons listed in La. R.S. 42:1115A and B. <br /> Page 2 of 3 (2023-430) <br />
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