| Advisory opinion request regarding whether David Peralta, Parish President of St. Bernard Parish, may accept private donations to pay legal expenses he incurred due to a recent criminal indictment. |
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David Peralta serves as the Parish President of St. Bernard Parish. Private individuals would like to create and administer a legal defense fund in order to pay his legal expenses for charges unrelated to his role as Parish President. The legal defense fund would not accept donations from St. Bernard Parish Government employees, contractors, or officers or employees of contractors. Mr. Peralta would have no control or administration of the legal defense fund, but he would be present at fundraising events sponsored by the legal defense fund, select the legal counsel and provide direction concerning all matters to do with his criminal indictment.
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La. R.S. 42:1111A(1) prohibits a public servant from receiving any thing 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 and position.
La. R.S. 42:1115A prohibits a public servant from receiving any thing of economic value from a person that (1) has, or is seeking to have, a business, contractual or other financial relationship with the public servant's agency; or (2) is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency. La. R.S. 42:1115B further prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value from any person that (1) conducts operations or activities which are regulated by the public servant's agency; or (2) has substantial economic interests which may be substantially affected by the performance or nonperformance of the public servant's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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