| A Request for an Advisory Opinion, submitted by Twahna Harris, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the Butterfly Society, a non-profit organization of which she is the Founder and Executive Director, from accepting a $24,250 contribution from the City of Baton Rouge - Parish of East Baton Rouge, where she is a Council Aide. |
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Ms. Harris serves as the Council Aide to Councilman Lamont Cole. Councilman Cole serves District 7 and has been appointed President Pro-Tempore (effective January 2021). Ms. Harris is also the Founder and the Executive Director of Butterfly Society, a non-profit organization who aids domestic violence victims by providing temporary lodging, rental assistance, utility assistance, funeral expenses, medical expenses, and transportation. The City of Baton Rouge - Parish of East Baton Rouge has budgeted a $24,250 contribution to the Butterfly society in its 2021 but the funds have not been distributed.
Ms. Harris has requested an advisory opinion that answers the following questions:
1. May the Butterfly Society accept the budgeted $24,250 contribution for 2021 and subsequent years if she continues to serve as Executive Director?
2. May the Butterfly Society receive the CARES Act Grant funding, if she continues to serve as Executive Director?
3. If she surrenders her position as Executive Director and accepts a salaried position with the organization which is in accordance with the past Board exception 82-02d, can the Butterfly Society accept the budgeted donation from the City and/or the CARES Act grant?
4. If she surrenders any paid position with the Butterfly Society and only volunteer her services, can the Butterfly Society accept the budgeted donation from the City and/or the CARES Act grant?
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La. R.S. 42:1111(C)(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by 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 obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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