| Request for an advisory opinion from Karen Milligan, Programs Director for Jefferson Dollars for Scholars, relative to their providing gifts to public school employees who participate as coordinators for school fundraisers organized by Dollars for Scholars. |
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Jefferson Dollars for Scholars is a non-profit organization that provides college scholarships to high school seniors and enrichment camp scholarships to elementary school students from Jefferson Parish. School Drive is one of the fundraising events in which each Jefferson Parish school participates by having a staff member volunteer to act as a coordinator for the School Drive. The coordinator must complete School Drive forms and create fundraisers at their school at the time of their choosing. (Ex. Students pay $1 to wear Saints jerseys to school.) The fundraising events will not conflict with the coordinators work duties at the school.
Over the years coordinators received coffee mugs and gift bags for their assistance with the School Drive. Jefferson Dollars for Scholars would like to provide more motivating incentives for the coordinators, such as, gifts that would be designated for classroom use only, department store gift cards under $50 and gift cards for spa services under $50.
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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 government entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
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 employee 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 official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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