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Advisory opinion regarding whether Christy Bourgeois, an employee of the Department of Children and Family Services, may accept a door prize she won while attending a conference for the Retired State Employees Association (RSEA). |
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Christy Bourgeois is an employee of the Department of Children and Family Services. Any active or retired state employee may gain membership to the Retired State Employees Association (RSEA). As an active state employee, Ms. Bourgeois became a member of RSEA. Membership is not required by state employment. Ms. Bourgeois personally pays her dues to the organization.
Ms. Bourgeois attended an RSEA conference, which she paid personally to attend and used annual leave to attend the conference. The conference gave out door prizes. The names of all attendees were placed in a bag and the President of the RSEA drew names for the prizes. Ms. Bourgeois won two tickets for a cruise that she would like to go on with her husband. Cruise One is the company that gave the door prize. The tickets are valued at $850. Neither Cruise One nor RSEA has any relationship to the Department of Children and Family Services.
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La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, 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 has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, 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 conducts operations or activities that are regulated by the public employees' agency.
La. R.S. 42:1115B(2) prohibits a public employee from soliciting or accepting, 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 has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty.
La. R.S. 42:1111A 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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