| Advisory opinion request by Kristine Russell, District Attorney for the 17th J.D.C, regarding whether it is permissible for L.A.W. Publications to solicit advertisements from vendors of the Lafourche Parish District Attorney's Office (District Attorney's Office) for informational pamphlets provided to the District Attorney's Office for use during community presentations. |
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L.A.W. Publications produces pamphlets on subjects such as internet safety, domestic violence and decision making. The District Attorney's Office provides presentations on these subjects throughout the community and would like to use these pamphlets as informational handouts at those presentations.
L.A.W. Publication's pamphlets would be provided to the District Attorney's Office at no cost and no public funds would be used to produce or distribute the materials. The costs for the pamphlets are covered by advertisements obtained from local businesses. A sales representative would visit with a local area business with a letter from the District Attorney and would talk to the business representative about sponsoring the informational materials for distribution by the District Attorney's Office. The District Attorney's Office programs would not be named or referenced in the pamphlets; however, Mr. Russell's name, picture, and office contact information would appear on one of the pamphlets. This contact page as well as the ad sponsor pages would only be contained within one series of pamphlets. Ms. Russell is interested in ordering three or four of the pamphlet series. Her office does not have any written or non-written agreements with L.A.W. Publications.
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La. R.S. 42:1115A(1) provides that 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, agency, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
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| Assigned Attorney: |
Brett Robinson |
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