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Advisory opinion regarding whether the Baton Rouge Area Foundation (BRAF) or The Water Institute of the Gulf's Delta (the "Water Institute") may pay for the travel expenses of a proposed delegation to The Netherlands to study the possibility of creating a new coastal research center for Louisiana. |
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The Baton Rouge Area Foundation (BRAF), a Louisiana not-for-profit corporation exempt from federal income taxation under section 501(a) of the Internal Revenue Code of 1986, as an organization described in Code section 501(c)(3), and a publicly supported organization described in Code section 509(a)(1), is working with state and federal authorities to create a new scientific research facility to focus on the loss of Louisiana's coastline and provide scientific based solutions for our elected officials and state agencies.
According to the opinion request, the best model for the proposed institute is Deltares, a leading independent, Dutch-based research institute and specialist consultancy for matters relating to water, soil, and the subsurface, which conducts research and provides specialist advisory services for government authorities and the corporate sector in The Netherlands and globally. As a result BRAF, or their affiliate organization, The Water Institute (also a not-for-profit corporation), are prepared to pay all travel expenses of a delegation to The Netherlands to visit Deltares. Such a trip would ensure Louisiana lawmakers and key state employees have a better understanding of the importance of an organization such a Deltares and would allow the delegation to study firsthand water management policies of The Netherlands.
The opinion request also states that neither BRAF nor the Water Institute engage in lobbying nor do they have an economic interest in the creation of the proposed institute. In addition, neither organization has contracts or does business with any individual legislator or state employee who would be invited. BRAF is working in cooperation with the state Coastal Protection and Restoration Authority (CPRA) to develop the institute and is doing so without compensation.
The persons who would be invited to take part in The Netherlands trip to evaluate the Deltares model are key legislators, and employees of the CPRA. If a conflict does not exist then the legislators or employees respective agency or department (House of Representatives, Senate or appropriate State agency) would pay the expenses in accordance with state travel policies. Then upon completion of the trip BRAF or the Water Institute would voluntarily reimburse the appropriate state agency or departments the cost of the trip for each of the respective public servants.
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Section 1115 of the Code prohibits public employees from soliciting or accepting a thing of economic value from a prohibited source.
Prohibited sources for public servants (which include elected officials and public employees) are persons who has or is seeking a contractual, business, or financial relationship with the public servant's agency; or a person who is seeking for compensation, to influence the passage or defeat of legislation by the public servant's agency. Public employees have two additional persons who are considered prohibited sources of gifts which includes a person who conducts operations or activities which are regulated by the public employee's agency, or a person who has a substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
Section 1111A of the Code states that no public servant shall receive anything of economic value, other than the compensation and benefits he is entitled from his governmental employer, for the performance of the duties and responsibilities of his office or position.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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