| Request for an advisory opinion from two Nicholls State University professors relative to publicizing two books for sale at the request of their publishers. |
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Dr. John Doucet is currently Dean of the College of Sciences and Technology at Nicholls State University.
Dr. David Middleton is a retired English professor and professor emeritus of English at Nicholls State University.
Professors Doucet and Middleton are co-editing a two-volume edition of poetry and prose of the late Alabama writer John Martin Finlay. The book is being published by Wiseblood Books. Both professors have assigned any profit from the sale of the books to John Finlay's surviving sisters, therefore neither will receive any thing of economic value for the sale of the books.
Professor David Middleton has written a collection of poetry which is published by Measure Press. Professor Middleton expects to receive 25% of the sale of each copy sold.
Wiseblood Books and Measure Press require both professors to publicize the books with the intention of generating sales. The most common form of publicizing the books is by way of an email flyer or by postcard flyers sent via US Mail.
Dr. Middleton does not teach any classes or perform any services at the university and is not compensated by the university in any way.
Both Dr. Middleton and Dr. Doucet are long-time tenured professors and are no longer required by the university to produce scholarly work, publication or otherwise.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
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Adopt the proposed draft advisory opinion.
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| Assigned Attorney: |
Greg Thibodeaux |
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