| Request for an advisory opinion as to whether the Louisiana
Code of Governmental Ethics ("Code") would require police officers, who are members
of the Crescent City Lodge #2 of the Fraternal Order of Police, are required to
file disclosure statements pursuant to La. R.S. 42:1115.2 disclosing the
receipt of travel and lodging from the Cescent City Lodge #2 of the Fraternal
Order of Police to attend conferences of the National Fraternal of Police in
the discharge of their duties as lodge delegates for the Crescent City Lodge #2
of the Fraternal Order of Police. |
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The
Fraternal Order of Police is the largest organization of law enforcement
officers in the nation, with more than 356,000 members in 2,100 local lodges in
the United States. More than 6,000 of those members belong to lodges in
Louisiana, including the largest lodge, the Crescent City Lodge in New Orleans.
The Crescent City Lodge of the Fraternal Order of Police has about 2,000
members, including about 90%of the commissioned officers employed by the New
Orleans Police Department. The remainder of the membership is comprised of
commissioned officers who retired from the New Orleans Police Department.
In New Orleans, each of
those members pays $130 per year for dues. Each lodge pays a portion of those
dues to the Louisiana Lodge. In turn, the Louisiana Lodge pays a portion of the
dues collected to the National Fraternal Order of Police. A portion of those
funds is used to pay for conferences. In even-numbered years, the states have
their conferences. In odd-numbered years, the National FOP has a conference in
the location voted on by the membership at the previous National FOP
conference. The purpose of the conferences is primarily to elect officials. In
order to accomplish that, the individual lodges elect delegates. The elected
delegates then represent their individual lodge when they cast their votes in
the elections.
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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. 42:1115A(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. 42:1115A(2)
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 is seeking, for
compensation, to influence the passage or defeat of legislation by the pubic
servant's agency.
La. R.S. 42:1115B(1)
prohibits a public employee 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 conducts
operations or activities that are regulated by the public employees'
agency.
La.
R.S. 42:1115B(2) prohibits a public employee 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 a substantial economic interest which may be substantially
affected by the performance or nonperformance of the public employee's office
duty.
La. R.S. 42:1115.2
provides that the provisions of R.S. 42:1111 or 1115 shall not preclude the
acceptance by a public servant of complimentary admission, lodging, and
reasonable transportation, or reimbursement for such expenses, if the agency
head of the public servant's agency certifies each of the following: (1) The
public servant's acceptance of complimentary admission, lodging, and reasonable
transportation, or reimbursement for such expenses, is either of direct benefit
to the agency or will enhance the knowledge or skill of the public servant as
it relates to the performance of his public service. (2) The
agency head approved the public servant's acceptance of complimentary
admission, lodging, and reasonable transportation, or reimbursement for such
expenses, prior to acceptance.
La. R.S. 42:1115.2
requires any public servant who accepts complimentary admission, lodging, and
reasonable transportation, or reimbursement for such expenses to file with the
Louisiana Board of Ethics, within sixty (60) after such acceptance, a certification
disclosing: (1) The date and location of complimentary
admission, lodging, or transportation and a brief description of its purpose. (2) The name of the person who gave,
provided, paid for, or reimbursed by the person for admission, lodging, and
transportation. (3) The certification required herein shall
include the certifications of the agency head.
La. R.S. 42:1102(18)
defines "public employee" to mean anyone, whether compensated or not, who is
(i) an administrative officer or official of a governmental entity who is not
filling an elective office. (ii) appointed by any elected official when acting
in an official capacity, and the appointment is to a post or position wherein
the appointee is to serve the governmental entity or an agency thereof, either
as a member of an agency, or as an employee thereof. (iii) engaged in the
performance of a governmental function. (iv) under the supervision or authority
of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19)
defines "Public servant" to mean a public employee or an elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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