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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 />