2025-012 - Laserfiche WebLink

"B.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 which are regulated by the public employee's agency. (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty." La. R.S. 42:1102(2)(a)(i) defines "agency" to mean, public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities. La. R.S. 42:1102(18)(a) defines "public employee"to mean any person,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 offi-.ial or another employee of the governmental entity. La. R.S. 42:1102(19) defines"public servant"to mean a public employee or elected official. ANALYSIS All employees of LDOE are public employees, pursuant to La. R.S. 42:1102(18), and public servants pursuant to La. R.S. 42:1102(19). Their agency is LDOE, pursuant to La. R.S. 4.2:.1 102(2)(x)(i ). La. R.S. 42:1115 prohibits LDOE employees from soliciting gifts and donations from three applicable groups of persons: 1)persons having or seeking to do business with LDOE; 2)persons who conduct operations or activities under the jurisdiction of LDOE; and 3) persons who have substantial economic interest in the performance of the respective LDOE employee's duties. With respect to the size of donations, La. R.S. 42:1115 regulates the nature of the donor, irrespective of the size of the donation. With respect to any benefits given to donors,the Code does not address that matter.The application and interpretation of the laws, other than the Code, governing the use of public funds is not under the jurisdiction of the Board, and questions about the application of those laws should be directed to the Attorney General's Office. CONCLUSION The Board concluded, and instructed me to inform you, that the Code prohibits LDOE employees from soliciting donations from 1)persons having or seeking to do business with LDOE;2)persons who conduct operations or activities under the jurisdiction of LDOE; and 3)persons who have substantial economic interest in the performance of LDOE employees' duties. Page 2 of 3 (BD 2025-012)