| A Request for an Advisory Opinion, submitted by Mark I. Baum, AIA, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him or his business from making a charitable contribution to a not-for-profit entity in the name a public servant who is employed by an agency with which he has a business or contractual relationship. |
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Mr. Baum is a design professional who provides Architectural Consulting services through his company, Mark I. Baum, LLC. He is an architect, licensed under the laws of the State of Louisiana. Mr. Baum inquired as to whether the Code would prohibit him or his business from making a charitable contribution to a not-for-profit entity in the name of a public employee who is employed by an agency with whom he does business. The charitable contribution would be made as a holiday gesture.
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La. R.S. 42:1102(22)(A) defines a "thing of economic value" as money or any other thing having economic value with various exceptions concerning: promotional items having no substantial resale value; pharmaceutical samples, medical devices, medical foods, and infant formulas in compliance with the Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., provided to a physician, health care professional, or appropriate public employee for the administration or dispensation to a patient at no cost to the patient; food, drink, or refreshments consumed by a public servant, including reasonable transportation and entertainment incidental thereto, while the personal guest of some person, etc.
La. R.S. 42:1111(A) 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. 42:1115(A)(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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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