| Request for Advisory Opinion from Becky Reeves, on behalf of the LSU Lallie Kemp Medical Center (the "Center"), as to whether the Center's employees may accept food gifts from vendors of the Center. |
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The Center, located in Independence, Louisiana, is a 25-bed critical care hospital with inpatient and outpatient medical services. Historically, vendors of the Center have provided food trays as gifts to employees of the Center, and those trays are consumed by the employees in the presence of the vendors, in accordance with La. R.S. 42:1115.1. Due to the restrictions in place at the Center as a result of the coronavirus, vendors' ability to be in presence of the Center's employees is limited. The Center wishes to know if vendors may still provide food trays without being present while they are consumed.
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La. R.S. 42:1115A(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.
La. R.S. 42:1115.1 provides that the total value of the food, drink, or refreshment given to a public servant at any single event shall not exceed sixty-five dollars.
La. R.S. 42:1102(22)(a) excepts food, drink, or refreshments consumed by a public servant, including reasonable transportation and entertainment incidental thereto, while the personal guest of some person from the definition of a "thing of economic value."
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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