| Advisory opinion request regarding whether AECOM may give prizes to government employees who participate in a contest for ride sharing. |
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Request for an advisory opinion regarding the maximum allowed value for prizes given to public servants by AECOM. Dereck Chisholm, the Associate Vice President of AECOM, provided that AECOM holds contracts with the Capitol Region Planning Commission in Baton Rouge. AECOM created a rideshare program intended to improve air quality and reduce traffic congestion. The program is designed to encourage commuters to commute to work by bicycle or carpool. AECOM would like to encourage this behavior by giving away prizes. AECOM sets up booths in front of government offices and tries to get employees to sign up for ridesharing software at the booth. Currently, AECOM gives away candy, pens and minor promotional items.
AECOM would like to give away better prizes like car washes, dinner for two, etc. AECOM would like to give prizes for the most carpool trips, etc. ACEOM wants to know if it makes a difference if the drawing is random, if there is a difference between state and local employees, whether any disclaimers should be provided, and does it matter that the competition is open to employees of all agencies-public, private, state, and local.
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La. R.S. 42:1111A prohibits a public servant 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 her office or position.
La. R.S. 42:1115A prohibits a public servant 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 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.
La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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