| Advisory opinion request regarding the receipt of donations which would be utilized as door prizes and ditty bags during the upcoming Louisiana Emergency Management Conference, which is co-sponsored by the Governor's Office of Homeland Security and Emergency Preparedness. |
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The upcoming Louisiana Emergency Management Conference is co-sponsored by the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP). Employees of GOHSEP who are authorized to attend the Louisiana Emergency Management Conference and employees who choose to take accrued leave and participate in the golf tournament associated with the conference may receive ditty bags with promotional items such as cups, pens, and other items with company logos. They may also receive random door prizes that have been donated by various vendors, some of which are vendors of GOHSEP, such as flashlights, small grills, battery charging cables, and umbrellas. Employees who serve on the Louisiana Emergency Management Conference Committee are asked to assist in obtaining ditty bag items and door prizes to use in the golf tournament and conference from various vendors.
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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 official duties.
La. R.S. 42:1102(22)(a) defines "thing of economic value" as money or any other thing having economic value except promotional items having no substantial resale value.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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