| Advisory opinion regarding the receipt of donations which would be utilized as door prizes during the Annual Training Conference hosted by the Louisiana Support Enforcement Association. |
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Rennetta K. Wells is employed with the Department of Children & Family Services, Child Support Enforcement (CSE), which is responsible for providing support enforcement services in Louisiana, and also serves as the presiding President of Louisiana Support Enforcement Association (LSEA), a non-profit organization whose goal is to educate, improve, and fulfill the mission of establishment, modification and enforcement of child and medical support orders in the State of Louisiana. Several CSE vendors set up booths at the Annual Training Conference hosted by LSEA. LSEA is interested in handing out door prizes with the winners being determined through a random drawing and asked the following questions regarding the door prizes:
- Is it permissible for a public servant who is a LSEA board member to solicit donations for door prizes from a person if the person has no financial relationship with LSEA or the public servant's agency? If so, what type of donations?
- Is it permissible for a former public servant to solicit donations for door prizes on LSEA's behalf? If so, are there any limitations on the type of prizes that can be solicited?
- Is it permissible for an attendee who is a public servant to accept a door prize? If so, what type of door prize(s) may the public servant accept?
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La. R.S. 42:1115A(1) provides that no public servant shall solicit or accept, 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 servant knows or reasonably should know that such person has or is seeking to have a business, financial or contractual relationship with the public servant's agency.
La. R.S. 42:1115B(1) 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 conducts operations or activities which are regulated by the public employee's agency.
La. R.S. 42:1115B(2) prohibits a public employee 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 has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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