| A Request for an Advisory Opinion, submitted by Doreen O. Brasseaux of the American Council of Engineering Companies of Louisiana ("ACECL"), regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit public servants from accepting an invitation from the ACECL to attend the Excellence Awards banquet and receiving their award. |
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The ACECL is a not-for-profit organization based in Louisiana advancing the business of engineering. ACECL is conducting an Engineering Excellence Awards program to recognize engineering projects from around the state that demonstrate a high degree of achievement, value and ingenuity. Projects are selected by an independent panel of private and public sector judges. The ACECL anticipates that several public projects will be selected for awards.
The award presented at the Engineering Excellence Awards program is an acrylic plaque, which is presented to the agency or the engineering firm only (not the individual engineer). ACECL plans to invite those named public servants honored in the program to attend and accept the award - on behalf of the agency - for the winning project(s) at a banquet dinner hosted by ACECL. The cost to attend the Engineering Excellence Awards program will be waived for the public servants.
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La. R.S. 42:1115(A)(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.
La. R.S. 42:1115(A)(2) 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 is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
La. R.S. 42:1123(13)(a)(i) allows for the acceptance by a public servant of complimentary admission to a civic, non-profit, educational, or political event when the public servant is: (aa) A program honoree; (bb) Giving a speech at the event; (cc) A panel member for a discussion occurring at the event; or, (dd) Attending the event to assist an elected official who meets the provisions of this Item when the public servant is under the supervision or the elected official and such assistance is within the ordinary employment duties of the public servant.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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