| Advisory opinion regarding whether a member of the Ascension Parish Council, Bryan Melancon, may accept an IPad, that he won at a seminar that he attended. |
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Bryan Melancon states that he attended the National Association of Counties Legislative Conference (NACO) in Washington DC. Everyone that attended the conference was an elected official. During the conference, new software created to promote the teaching of civics to middle and high school students was promoted. Part of the conference included a competition where elected officials played a version of the new software. Prizes were awarded to the 1st, 2nd, and 3rd place winners. The first place winner was awarded an IPad, 2nd place was given $100 and 3rd place was given free annual conference registration. Mr. Melancon was one of five persons who scored a perfect score. To determine the winner of the IPad all five persons' names were placed in a hat. Mr. Melancon's name was drawn.
2011-1781 Board permitted a public servant to accept a door prize of a scolarship to attend a conference where the prize was a scholarship and the winner of the prize was randomly accepted .
Despite the fact that you attended in your capacity as a public employee, the Board considered other factors in reaching its conclusion. The Board looked to the fact that the prize awarded was a scholarship, and that the winner(s) were selected at random in reaching its conclusion that acceptance of the scholarship would not be a violation of Section 1111A(1) of the Code.
2006-1039 A member of the Baton Rouge Oracle Users Group was prohibited from accepting a door prize from the Baton Rouge Oracle Users Group where his dues were paid by his public agency and the employee attended in his capacity as a public employee.
2004-516 Elected officials may participate in the tournament if the value of the event does not exceed $100. An elected official may not accept a cash prize since the reason they are invited is because of their public position. Door prizes may be accepted by elected officials only if they are promotional items with no substantial resale value.
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Section 1111A prohibits a public servant from receiving any thing of economic value for the performance of his job duties other than the compensation and benefits from the governmental entity to which he is duly entitled.
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Adopt the advisory opinion.
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| Assigned Attorney: |
Aneatra Boykin |
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