| Advisory Opinion request from Kevin A. Caillouet, on behalf of the St. Tammany Parish Mosquito Abatement District, as to whether St. Tammany Parish Mosquito Abatement District and its employees may receive certain royalties related to a device created by such employees. |
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The St. Tammany Parish Mosquito Abatement District (the "District") is a parish-wide public agency, and its employees are public servants. In order to foster and incentivize creativity among their employees, the District provides, in its employee handbook, that employees who participate in the invention of a intellectual property that generates revenue may be compensated through royalty agreements to be entered into between the District and the employees.
The District currently has a device, invented by employees, which it wishes to have the St. Tammany Parish Council, and potentially other parish or municipal councils, require property owners to implement.
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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. 42:1116A 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. This Subsection shall not be construed to limit that authority authorized by law, statute, ordinance, or legislative rule in carrying out official duties.
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| Assigned Attorney: |
Charles Reeves |
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