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2022-354
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2022-354
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Entry Properties
Last modified
4/1/2024 8:39:23 AM
Creation date
7/11/2022 11:56:33 AM
Metadata
2022-354
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2022-354
Requesting Party
Toni Celestine
Parties Involved
Toni Celestine
Read the Syllabus
Agency at Issue
South Louisiana Community College
Decision Date
7/8/2022
Law
1111C(1)(a)
1115
Caption
Advisory opinion that the Code of Ethics would not prohibit an employee of the South Louisiana Community College Office of Student Services from providing services through a nonprofit for compenstion as long as though services are not substantially devoted to the operations, programs and responsibilities of her agency and in which she participated.
Ethics Subject Matters
Outside Employment
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agent, or employee of such person, if such public servant knows or reasonably <br /> should know that such person: (1) Has or is seeking to obtain contractual or other <br /> business or financial relationships with the public servant's agency, or <br /> (2) Is seeking, for compensation, to influence the passage or defeat of legislation <br /> by the public servant's agency. <br /> B.No public employee shall solicit or accept,directly or indirectly,anything of economic value as <br /> a gift or gratuity from any person or from any officer,director, agent, or employee of such person, <br /> if such public employee knows or reasonably should know that such person: <br /> (1) Conducts operations or activities which are regulated by the public employee's <br /> agency. <br /> (2) Has substantial economic interests which may be substantially affected by the <br /> performance or nonperformance of the public employee's official duty. <br /> La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in the executive branch of state <br /> government, to mean the office in which such public servant carries out his primary <br /> responsibilities. <br /> ANALYSIS <br /> As Director of Career and Testing Services at SLCC, your agency is the SLCC Office of Student <br /> Services pursuant to R.S. 42:1102(2)(a). <br /> Generally,the Code would not prohibit you from providing uncompensated informational services <br /> through your nonprofit organization to parents regarding the transition from high school to college. <br /> However, R.S. 42:1111(C)(1)(a)will prohibit you from receiving any thing of economic value for <br /> any service which is devoted substantially to the operations,programs,and responsibilities of your <br /> agency, the SLCC Office of Student Services, if you participated in providing those services. <br /> Further, R.S. 42:1115 will prohibit you from soliciting and accepting donations from any person <br /> who would be considered a prohibited source to you in your capacity as the Director of Career and <br /> Testing Services in the SLCC Office of Student Services. An information sheet regarding <br /> prohibited sources is enclosed. The Board suggested that you seek an additional advisory opinion <br /> if you have concerns regarding donations from any specific sources. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you, that the Code will not prohibit you from <br /> providing uncompensated information services through your nonprofit organization, Read the <br /> Page 2 of 3 (BD 2022-354) <br />
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