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2023-1006
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Last modified
5/15/2024 9:20:04 AM
Creation date
4/11/2024 12:25:26 PM
Metadata
2023-1006
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1006
Requesting Party
Mark Pousson
Parties Involved
USA Rice Council
Agency at Issue
Louisiana Rice Promotion Board
Decision Date
4/5/2024
Law
La. R.S. 42:1111C(2)(d)
La. R.S. 42:1112A
La. R.S. 42:1112B(3)
La. R.S. 42:1111A
La. R.S. 42:1115A(1)
La. R.S. 42:1115.2
Caption
Advisory opinion on certain transactions and participation involving the Louisiana Rice Promotion Board and the USA Rice Council.
Ethics Subject Matters
Prohibited Sources
Participation
Payment - Not Duly Entitled
Travel Expenses
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entitled, for the performance of the duties and responsibilities of his office or position. <br /> Additionally, La. R. S. 42:1115A(1) prohibits a Promotion Board member from receiving a thing <br /> of economic value, such as travel and lodging, from the USA Rice Council since it has a contract <br /> with the Promotion Board. <br /> However, the Board concluded, and instructed me to inform you, that the Promotion Board <br /> member is not prohibited from accepting the travel and lodging if he meets the requirements set <br /> forth in La. R.S. 42:1115.2. <br /> La. R.S. 42:1115.2A provides that the provisions of R.S. 42:1111 or 1115 shall not preclude the <br /> acceptance by a public servant of complimentary admission, lodging, and reasonable <br /> transportation, or reimbursement for such expenses, if the agency head of the public servant's <br /> agency <br /> (1) Certifies that the public servant's acceptance of complimentary admission, <br /> lodging, and reasonable transportation, or reimbursement for such <br /> expenses, is either of direct benefit to the agency or will enhance the <br /> knowledge or skill of the public servant as it relates to the performance of <br /> his public service; and, <br /> (2) Approves the public servant's acceptance of complimentary admission, <br /> lodging, and reasonable transportation, or reimbursement for such <br /> expenses, prior to acceptance. <br /> Furthermore,La.R.S.42:1115.2B requires the public servant to file a disclosure with the Louisiana <br /> Board of Ethics within sixty (60) days of accepting the complimentary admission, lodging, and <br /> reasonable transportation, or reimbursement for such expenses certifying: <br /> (1) The date and location of complimentary admission, lodging, or <br /> transportation and a brief description of its purpose; <br /> (2) The name of the person who gave, provided, paid for, or reimbursed the <br /> admission, lodging, and transportation; and, <br /> (3) The certification of the agency head. <br /> A form to comply with this requirement may be found on the Board's website(ethics.la.gov)under <br /> Disclosure/Disclosure Forms (Form 413). <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Governmental <br /> Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. <br /> Page 4 of 5 (BD 2023-1006) <br />
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