| Advisory Opinion request from Toni Celestine, Director of Career and Testing Services at South Louisiana Community Colleges, regarding outside services provided to high school students and parents. |
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South Louisiana Community College ("SLCC"), located in Lafayette, is a part of the Louisiana Community and Technical College System. Toni Celestine is employed by SLCC as the Director of Career and Testing Services in the Office of Student Services. Her job duties include providing professional development assistance to students, hosting career and transfer fair events, networking with industry partners, and administering and proctoring college and community partners' exams.
Ms. Celestine recently created Read the Syllabus, a nonprofit organization. She would like to aid parents of high school students who are transitioning to college. Ms. Celestine intends to offer virtual meetings to provide information that will help parents support their students. She does not intend to receive compensation for these services; however, she would consider accepting donations. Ms. Celestine stated that she would not recruit students for any college in particular, including SLCC.
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La. R.S. 42:1111(C)(1)(a) provides that no public servant shall receive any thing 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. 42:1115 provides the following with regard to soliciting gifts or donations:
A. No public servant shall solicit or accept, 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:
(1) Has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or
(2) Is seeking, for compensation, to influence the passage or defeat of legislation by 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. 42:1102(2)(a)(i) defines "agency" for public servants in the executive branch of state government, to mean the office in which such public servant carries out his primary responsibilities.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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