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Advisory opinion regarding whether the Mayor of Tallulah, Tallulah Council members, the Tallulah Chief of Police, appointed officials and employees of the City of Tallulah, as well as vendors and contractors of the City of Tallulah may donate or voluntarily relinquish wholly or partially the compensation or consideration earned and due by the City of Tallulah for the purpose of maintaining employees in lieu of a layoff. |
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The Mayor of Tallulah, Tallulah Council members, the Tallulah Chief of Police, appointed officials and employees of the City of Tallulah, as well as vendors and contractors of the City of Tallulah would like to donate or voluntarily relinquish wholly are partially the compensation or consideration earned and due by the City of Tallulah for the purpose of maintaining employees in lieu of a layoff. Further, if allowable, the City of Tallulah would like to know what procedures must be followed to take these actions and who is responsible for paying for any professional advice and services, including tax advice and estate planning, necessary to implement the donations or voluntary relinquishments of compensation.
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La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
La. R.S. 42:1115A states that no public servant shall solicit or accept, 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 obtain contractual or other business or financial relationships with the public servant's agency, or is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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