| Advisory Opinion request submitted by Melissa Young regarding receipt of a car won at a conference. |
|
Ms. Young stated that she is employed with the Louisiana Department of Public Safety and Corrections (DPSC) as a Re-entry Program Manager for the Lake Charles District and that she is a member of the non-profit organization Louisiana Correctional Association (LCA), where she currently serves as president. She attended ACA's annual Conference of Correction held in Boston, Massachusetts, in August 2019. LCA paid her conference registration fee
and travel expenses association with attendance. While there, she won a drawing for a car. All registered conference participants were eligible to enter the drawing. In order to participate, she had to visit designated exhibitors to get a drawing card stamped. Once a card had been stamped by the required exhibitors, it was placed in a large hopper. Cards were then drawn from the hopper and placed in a bowl where three were selected. The holders of those cards were invited on stage and given a car key. Ms. Young's key started the car, making her the winner.
Ms. Young stated that she paid your own LCA membership dues and that membership is an individual decision, not mandated by DPS. She also stated that she attended the conference on leave from DPS and in her capacity as LCA president rather than on DPS business. Her DPS position falls under the Division of Probation and Parole and her duties are to manage formerly incarcerated persons and assist them transition back into society. She stated that the car was purchased by ACA using funds donated by sponsors. The organizations providing the funds were Acorn Engineering, Attenti, Bob Barker Company, Inc., Falcon Inc., Hazelden Publishing, and Vital Core Health Strategies. One of these sponsors, Attenti, has a contract with DPS to provide electronic monitors and web-based monitoring services used to track high-risk offenders.
|
|
La. R.S. 42:1111Aprohibits 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. 42:1115A(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 has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
The Board previously addressed this scenario in 2015-903.
|
|
|
Adopt the proposed opinion.
|
|
| Assigned Attorney: |
Matthew DeVille |
|
|