| Advisory opinion request regarding whether members of the Louisiana House of Representatives and a member of the Louisiana Board for Elementary and Secondary Education (BESE) who act as event speakers may receive complimentary travel and lodging accommodations. |
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The Black Alliance for Educational Options (BAEO) is sponsoring its 10th Annual Symposium held March 14-16, 2013, in Washington, D.C. Parents, educators, youth, elected officials, clergy and other parental choice advocates who attend the information-sharing sessions on parental choice at the symposium are required to pay the registration fee as well as their own travel and lodging expenses. However, BAEO would like to offer event speakers, including BESE board member, Kira Orange Jones and Representatives Patrick Williams, Patrick Jefferson, Ladrieka Thierry, Edward Price and Austin Badon complimentary travel and lodging accommodations. BAEO has no contractual or other financial relationship with BESE and does not conduct activities regulated by BESE.
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La. R.S. 42:1123(16) allows the acceptance by a member of the legislature, when making a public speech, of food, refreshments, and lodging reasonably related to making such speech, as well as reasonable transportation from his home, or the capitol, to and from the site of the speaking engagement from the sponsoring group or organization, provided the public speech is given in any state of the United States or Canada and provided such member of the legislature files an affidavit with the Board of Ethics, within sixty days of making such public speech, disclosing the name of the sponsoring group or organization and the amount expended on his behalf by the sponsoring group or organization on food and refreshments, lodging, and transportation. "Public speech" means a speech, or other oral presentation, including a panel discussion, or radio or television appearance before the public at large, or before any civic, political, religious, educational, or eleemosynary group or organization by a member of the legislature in his capacity as a legislator.
La. R.S. 42:1123(41)(a) allows the acceptance by a public servant of complimentary admission to, lodging reasonably related to, and reasonable transportation to and from an educational or professional development seminar or conference held in any state of the United States or Canada, provided that (i) the public servant is requested or invited to attend by the sponsoring civic, nonprofit, educational or political group or organization, (ii) the sponsor is not a person from whom the public servant is prohibited from receiving or accepting a gift pursuant to La. R.S. 42:1115(A)(2) (seeking for compensation to influence the passage or defeat of legislation by the public servant's agency), (iii) the seminar or conference is related to the public service of the public servant and is designed to enhance the knowledge or skill of the public servant as it relates to the performance of his public service, and (iv) the public servant's agency head approves the acceptance. In addition, any public servant who accepts complimentary admission, lodging, or transportation to and from an educational or professional development seminar or conference must file an affidavit with the Board of Ethics within sixty days after such acceptance, disclosing (i) the name of the person or organization who gave, provided, or paid in whole or in part for the admission, lodging, or transportation, (ii) the person or organization that hosted the seminar or conference, and (iii) the amount expended on his behalf by the person or organization on admission, lodging, and transportation.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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