| Advisory opinion regarding whether the Code of Governmental Ethics would prohibit the Louisiana Department of Transportation and Development (DOTD) from accepting gifts from non-vendors to use as prizes in the DOTD Equipment Operators Training Conference and ROADEO. |
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Mr. Michael DeSelle currently serves as the committee chairperson for the ROADEO. Mr. DeSelle provided that the ROADEO is an annual competition where DOTD employees from each district compete on a skills test on six different pieces of equipment. The first and second place winners in each of the six events qualify to compete in the southeast regional ROADEO, which involves a total of six states in the southeast region.
Mr. DeSelle would like to include door prizes and additional prizes for placing in the fun games that the spectators compete in during the ROADEO. He anticipates the Department collecting donations of gift certificates, gift cards, and merchandise from local businesses who are not seeking to have a business relationship with DOTD and are not regulated by DOTD. The Department would accept the donation and distribute it to the winners.
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La. R.S. 42:1115A 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: (1) Has or is seeking to obtain contractual or other business or financial relationships 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 prohibits a public employee from soliciting or accepting, 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; or (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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