2023-069 - Laserfiche WebLink

STATE OF LOUISIANA pF Lppl�f DEPARTMENT OF STATE CIVIL SERVICE LOUISIANA BOARD OF ETHICS -'U P.O.BOX 4368 BATON ROUGE,LA 70821 cONFIDENL� (225)219-5600 »o»••' FAX:(225)381-7271 1-800-842-6630 www.ethics.1a.gov Tuesday,April 11, 2023 Daniel Gillane 203 Dunreath Street Lafayette, Louisiana 70506 RE: Docket No. 2023-069 Advisory Opinion Dear Mr. Gillane The Louisiana Board of Ethics("Board"),at its April 5,2023 meeting, considered your request for an advisory opinion as to whether the Louisiana Code of Governmental Ethics ("Code") prohibits the award of gift cards to Lafayette Public Library ("Library') staff members by the Lafayette Public Library Board of Control ("Library Board") President. FACTS PROVIDED You are the Director of the Library and the Library Board wishes to recognize staff who have performed exemplary service (service that goes beyond their duties and responsibilities). The Library Board wishes to spotlight one (1) staff member at each public Library Board meeting by speaking about their service and providing them with a plaque and gift card. The Library Board President—who is currently Robert Judge—would purchase the gift card with his personal funds. You have inquired as to: 1) whether the Code prohibits the President from purchasing the gift cards; and, 2) whether the Code prohibits staff members from receiving the gift card. LAw La. R.S. 42:1102(18) defines a"Public employee" as anyone, 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 appointment 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; and, (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" as a public employee or elected official. La. R.S. 42:1102(22)(x) defines "Thing of economic value" as money or any other thing having economic value. La. R.S. 42:1111(A) prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position. AN EQUAL OPPORTUNITY EMPLOYER