Meetings
 
Agenda Item
Docket No. 16-301
 
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RE:
Advisory opinion regarding whether the Baton Rouge Area Foundation (BRAF) may pay for the travel expenses of a proposed delegation to the Netherlands to study water and coastal related research, engineering, restoration, protection and resiliency efforts in connection with the new coastal research center for Louisiana.
Facts:
The Baton Rouge Area Foundation (BRAF) is a Louisiana not-for-profit corporation exempt from federal income taxation under section 501(a) of the Internal Revenue Code of 1986, as an organization described in Code section 501(c)(3), and a publicly supported organization described in Code section 509(a)(1). BRAF is working with state and federal authorities to create a new scientific research facility to focus on the loss of Louisiana's coastline and provide scientific based solutions for our elected officials and state agencies.
According to the opinion request, the best model for the proposed institute is Deltares, a leading independent, Dutch-based research institute and specialist consultancy for matters relating to water, soil, and the subsurface, which conducts research and provides specialist advisory services for government authorities and the corporate sector in the Netherlands and globally. As a result BRAF is prepared to pay all travel expenses of a delegation to the Netherlands to visit Deltares. Such a trip would ensure Louisiana lawmakers and key state employees have a better understanding of the importance of an organization such a Deltares and would allow the delegation to study firsthand water management policies of the Netherlands.
The opinion request also states that BRAF is not engaging in lobbying nor does it have an economic interest in the creation of the proposed institute. In addition, it does not have contracts nor does business with any individual legislator or state employee who would be invited.
The persons who would be invited to take part in the Netherlands trip to evaluate the Deltares model are key legislators, and employees of the CPRA. If a conflict does not exist then the legislators or employees respective agency or department (House of Representatives, Senate or appropriate State agency) would pay the expenses in accordance with state travel policies. Then upon completion of the trip, BRAF would voluntarily reimburse the appropriate state agency or departments the cost of the trip for each of the respective public servants.

Comments:
BRAF requested an opinion in Docket No. 2011-1315 regarding the same issues. BRAF has stated that the facts in the original request have not changed, but it requests an updated opinion for any newly-elected or appointed officials who may not have been in office at the time the original opinion was issued. The only change is that BRAF is requesting the opinion on its behalf only and not on the behalf of the Water Institute of the Gulf.

Since no facts have changed, staff recommends affirming the prior opinion.


Law:
Section 1115 of the Code prohibits public employees from soliciting or accepting a thing of economic value from a prohibited source.
Prohibited sources for public servants (which include elected officials and public employees) are persons who has or is seeking a contractual, business, or financial relationship with the public servant's agency; or a person who is seeking for compensation, to influence the passage or defeat of legislation by the public servant's agency. Public employees have two additional persons who are considered prohibited sources of gifts which includes a person who conducts operations or activities which are regulated by the public employee's agency, or a person who has a substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.

Section 1111A of the Code states that no public servant shall receive anything of economic value, other than the compensation and benefits he is entitled from his governmental employer, for the performance of the duties and responsibilities of his office or position.

Recommendations:
Adopt proposed advisory opinion.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-301 Draft Opinion
2011-1315:
2016-301 - Advisory Opinion Request