Meetings
 
Agenda Item
Docket No. 21-355
 
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RE:
Advisory Opinion request from Cleve Dunn, Jr., member of the City of Baton Rouge/Parish of East Baton Rouge Metropolitan Council, regarding the receipt of free parking at City Hall parking garages.
Facts:
City of Baton Rouge/Parish of East Baton Rouge Metropolitan Council member Cleve Dunn Jr. is considering proposing an ordinance to allow Metro Council members and their legislative aides to receive free parking in the Baton Rouge City Hall parking garages. At this time, these individuals pay $20 per month for parking.
Law:
La. R.S. 42:1111A(1)(a) provides that no public servant shall receive any thing 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. 42:1102(22)(c) provides that "things of economic value" shall not include salary and related benefits of the public employee due to his public employment or salary and other emoluments of the office held by the elected official.


La. R.S. 42:1112A: No public servant, except as provided in R.S. 42:1120, shall participate in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity.


La. R.S. 42:1102(21) defines "substantial economic interest" to mean an economic interest which is of greater benefit to the public servant or other person than to a general class or group of persons, except: (a) The interest that the public servant has in his position, office, rank, salary, per diem, or other matter arising solely from his public employment or office.

AO 2019-693: St. Charles Parish Sheriff Office not prohibited from implementing rewards program for employees provided that that program would be a proper use of public funds. The Board advised the Sheriff's Office to seek an opinion from the AG.

AO 2019-1235: Code does not prohibit state employees from participating in the BLUE 365 discount program because the discounts were associated with the benefits of their employment.

AO 2015-1003: Monroe City School District board members and employees not prohibited from receiving event passes from the School District to facilitate their attendance at events within the School District as part of the performance of their duties and responsibilities. The Board advised the District to seek an opinion from the AG regarding proper use of public funds.


AO 2015-022: Caddo Parish Commissioners and personnel not prohibited from receiving tickets to the Independence Bowl paid for by the Caddo Parish Commission since it would be associated with the benefits of their service. The Board advised the Commission to seek an opinion from the AG regarding the proper use of public funds.


AO 2013-991: Shreve Memorial Library Director not prohibited from providing transportation to meetings for members of the Shreve Memorial Library Board of Control.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2021-355 - Advisory Opinion Draft
2021-355 - Advisory Opinion Request Cleve Dunn, Jr.