| Advisory opinion regarding whether Harvard University may reimburse the Louisiana Department of Education for travel expenses incurred by Superintendent of Education John White in connection with his participation in a seminar at Harvard University's John F. Kennedy School of Public Policy. |
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John White is the State Superintendent of Education. Mr. White has been invited by Harvard University to attend a seminar that will occur over the course of twelve sessions at the John F. Kennedy's School of Public Policy. Mr. White will lead some sessions and he will be a participant in others. The seminar will focus on models for improving large education systems.
The Louisiana Department of Education will reimburse Mr. White for his travel expenses in connection with his participation in the seminar. Harvard University has offered to reimburse the Louisiana Department of Education for those expenses.
Neither the John F. Kennedy School of Public Policy nor Harvard University have any business relationship with the Department of Education, conduct activities that are regulated by the Department of Education, are seeking to influence education policy in Louisiana, or have any substantial economic interest affected by the performance of Mr. White duties as the State Superintendent of Education.
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La. R.S. 42:1111A prohibits a public employee from receiving anything of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1115A(2) prohibits a public servant from soliciting or accepting, 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 is seeking, for compensation, to influence the passage or defeat of legislation by the pubic servant's agency.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, 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 has or is seeking to have a contractual, business or financial relationship with the public servant's agency.La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, 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 conducts operations or activities that are regulated by the public employees' agency.
La. R.S. 42:1115B(2) prohibits a public employee from soliciting or accepting, 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 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. 42:1123(41)(a) provides an exception that allows a public servant to receive complimentary admission, and reasonable transportation and lodging for an educational or professional development seminar within the U.S. 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 R.S. 42:1115(A)(2), (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.
La. R.S. 42:1123(41)(b) provides that any public servant who accepts complimentary admission, lodging, or transportation to and from an educational or professional development seminar or conference shall file an affidavit with the Board of Ethics within sixty days after such acceptance.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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