Meetings
 
Agenda Item
Docket No. 10-901
 
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RE:
Advisory opinion request regarding whether the employees of the Greater Lafourche Port Commission (the "Port") may accept an AT&T "Employee Discount" of 15% off the employees' personal cell phone service through AT&T when AT&T has a contractual relationship with the Port.
Facts:
The Greater Lafourche Port Commission has a contract with AT&T for the provision of cell phone service. AT&T has offered the employees of the Port an "Employee Discount" of 15% off the employees' personal cell phone service through AT&T. The AT&T representative informed the Port that this is a commonly offered discount that is offered to corporate groups and to all state employees.

Law:
Section 1115A of the Code prohibits a public servant from receiving any thing of economic value from a person that has, or is seeking to have, a business, contractual or other financial relationship with the public servant's agency

Section 1111A prohibits a public servant from receiving anything of economic value for the performance of his job duties other than the compensation and benefits from the governmental entity to which he is duly entitled

BD No. 1998-894: The Board issued an advisory opinion stating that the employees of the Town of Welsh were not prohibited from receiving an employee discount from a cellular phone provider that was a commonly offered promotion. The facts specifically stated there was no contractual relationship between the company and the Town.

BD No. 2003-407: The Board issued an advisory opinion stating that the employees of the City of New Orleans, the firefighters and police officers were not prohibited from receiving a discount from a company owned by a New Orleans City Councilman since it was a commonly offered promotion.

BD No. 2007-294: The Board issued an advisory opinion stating that Colonial Supplemental Insurance was not prohibited from offering a discount card to all state employees if it was a discount card offered to similarly situated groups such as corporate employees. No purchase was necessary to receive the discount card.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2010-901: Request for Advisory Opinion
2010-901 Draft opinion