| Advisory opinion request from Jared Green, a Neighborhood Liaison for District E, for the City of New Orleans in the Office of Neighborhood Engagement, as to whether the Code of Governmental Ethics ("Code") would prohibit him from participating in a child literacy campaign while employed by the City. |
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In 2019, Mr. Green wrote a book titled "Madam Mayor," which is a creative story involving the Mayor of New Orleans. His goal is to distribute 13,000 copies of the book to students in primary schools for free as part of a larger child literacy project. He is currently in the process of raising funds to print the books. He intends to solicit donations for a non-profit organization, BAMM Cares, which will handle the payment for the printing of the books. His book will also be available for sale on-line.
He was recently hired by the City of New Orleans in the Office of Neighborhood Engagement as a Neighborhood Liaison for District E, which covers the Lower 9th Ward. The Office of Neighborhood Engagement operates programs that promote local participation in government decision-making, such as a Civic Leadership Academy, Coffee on Your Corner, Neighborhood Leaders' Roundtable, and a Police Community Advisory Board. However, the Office of Neighborhood Engagement does not have any involvement with the child literacy project in which he intends to participate.
Mr. Green plans to take a leave of absence from his employment in order to participate in the child literacy program. The Office of Neighborhood Engagement will not be involved in any way with the books and will not be purchasing or distributing any of the books.
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La. R.S. 42:1111C(1)(a) provides that no public servant shall receive anything of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) provides that no public servant shall receive any thing of economic value for services rendered to a person if that person: (1) has a contractual, business, or financial relationship with the public servant's agency; (2) conducts operations which are regulated by the public employee's agency; or (3) has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1115 provides:
A. No public servant shall solicit or accept, directly or indirectly, anything 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: (1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
B. No public employee shall solicit or accept, directly or indirectly, anything 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 employee knows or reasonably should know that such person: (1) Conducts operations or activities which are regulated by the public employee's agency. (2) Has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1116 provides that no public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, or other person with anything of economic value.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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