2024-021 - Laserfiche WebLink

(d)Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or(B) from receiving a gift. La. R.S. 42:1115A. No public servant shall solicit or accept, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person: (1)Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency. La. R.S. 42:1115B. No public employee shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public employee knows or reasonably should know that such person: (1) Conducts operations or activities which are regulated by the public employee's agency. (2)Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty. La. R.S. 42:1102(2)(a). "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. For purposes of this Chapter, "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i)For public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. La. R.S. 42:1102(18)(x). "Public employee" means 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. (iv)Under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42:1102(19) "Public servant" means a public employee or an elected official. ANALYSIS Page 2 of 3 (BD 2024-021)