| Advisory Opinion request of Dr. Sarah Michaels and Christine Harris with the City of New Orleans Mosquito Control Department. |
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Dr. Sarah Michaels and Christine Harris are currently employed by the City of New Orleans as Entomologists in the Mosquito Control Department. Their job duties include conducting mosquito surveillance and control activities for the prevention of mosquito-borne diseases and supporting educational and research activities for the City of New Orleans.
The Centers for Disease Control and Prevention (CDC) recently entered into a contract with the AMCA to provide a national training framework on Integrated Mosquito Management (IMM). Dr. Michaels and Ms. Harris are each certified as Master Trainers to teach an IMM training course by the AMCA. The curriculum was jointly developed by the CDC and AMCA and all content, course materials, logistical support, including registration, site arrangements, and travel would be provided through the AMCA.
The AMCA has no contractual or business relationship with the City of New Orleans Mosquito Control Department, is not regulated by the department, and has no economic interests which would be affected by Ms. Michaels's or Ms. Harrison's performance of their public duties.
Training sessions are not a part of their job duties and would be conducted outside of normal working hours.
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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.
La. R.S. 42:1115 provides with respect to gifts: "A. No public servant shall solicit or accept, 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." "B.No public employee shall solicit or accept, 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) Conducts operations or activities which are regulated by the public employee's agency.(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 the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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