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Advisory opinion regarding whether Javier Gutierrez may continue to work at the Louisiana Supreme Court if he accepts a teacher assistant position at the University of New Orleans while he attends school at the University. |
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Javier Gutierrez is employed full-time with the Louisiana Supreme Court Clerk of Court's office as an Assistant Clerk. Mr. Gutierrez is also applying to the University of New Orleans graduate school to pursue a Masters in History.
One of the forms of financial aid include teacher assistantships, which requires Mr. Gutierrez to work up to 20 hours for a professor, which would allow him to receive full tuition and a small stipend conditioned on Mr. Gutierrez maintaining full-time student status. The type of duties performed as a teacher assistant includes grading tests and assisting the professor with any research.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
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.
La. R.S. 42:1115B(1) prohibits a public employee 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 conducts operations or activities that are regulated by the public employees' agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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