2023-430 - Laserfiche WebLink

(2) Is seeking, for compensation, to influence the passage or defeat of legislation by the pubic servant's agency. La. R.S. 42:1115B provides that no public employee 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: (1) Conducts operations or activities that are regulated by the public employees' agency. (2) Has a substantial economic interest which may be substantially affected by the performance or nonperformance of the public employee's office duty. La. R.S. 42:1102(16) defines " ep rson" an individual or legal entity other than a governmental entity, or an agency thereof. La. R.S. 42:1102(18)(a) defines "public employee" as anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity. La. R.S. 42: 1102(19) "Public servant" means a public employee or an elected official. La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity in which the public servant serves. ANALYSIS AND CONCLUSION As the President/CEO of the New Orleans Center for Creative Arts, you are considered a public servant pursuant to La.R.S.42:1102(19).Your agency for purposes of the Code is the New Orleans Center for Creative Arts pursuant to La. R.S. 42:1102(2)(a)(vi). The Board concluded, and instructed me to inform you, that the Code permits you to serve as an Ambassador for the Men Wear Pink organization of the American Cancer Society as long as you do not solicit and/or accept donations from those persons listed in La. R.S. 42:1115A and B. Page 2 of 3 (2023-430)