| Advisory opinion request regarding whether the French Quarter Management District may provide transportation, lodging and meals to staff members, the Executive Director, an employee of the New Orleans Police Department, and a New Orleans Council member. |
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The French Quarter Management District ("District") is a political subdivision of the state of Louisiana. Its general operations funding is derived from New Orleans & Company (formerly the New Orleans Convention and Visitors Bureau) and the New Orleans Tourism Marketing Corporation. The District is considering traveling to Amsterdam to meet with the City of Amsterdam's Night Mayor and other elected officials, City employees, preservation and residents' groups, and hospitality leaders who work to improve their entertainment district. The District believes this would help create partnerships that would benefit the French Quarter and the City of New Orleans with help in providing action plans for increased public safety and better public policies.
The District would like to provide airfare, lodging and meals to three employees of the District, the Executive Director of the District, Nicholas Gernon, Commander of the New Orleans Police Department's 8th District and Kristin Palmer, a New Orleans City Councilwoman.
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La. R.S. 42:1111A prohibits a public employee 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 his office or position.
La. R.S. 42:1115.2 provides that the provisions of R.S. 42:1111 or 1115 shall not preclude the acceptance by a public servant of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, if the agency head of the public servant's agency certifies each of the following:
(1) The public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, is either of direct benefit to the agency or will enhance the knowledge or skill of the public servant as it relates to the performance of his public service.
(2) The agency head approved the public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, prior to acceptance.
La. R.S. 42:1115.2 requires any public servant who accepts complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses to file with the Louisiana Board of Ethics, within sixty (60) after such acceptance, a certification disclosing:
(1) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
(2) The name of the person who gave, provided, paid for, or reimbursed by the person for admission, lodging, and transportation.
(3) The certification required herein shall include the certifications of the agency head.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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