| Advisory opinion request regarding whether a violation of the Code
of Governmental Ethics ("Code") would occur if a
television network pays for a public servant's travel and hotel expenses to a marketing
conference. |
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Chad Governale is an employee of LUS Fiber in Lafayette,
Louisiana. LUS Fiber is part of the Lafayette Parish Consolidated Government.
The National Cable Television Cooperative ("NCTC") and the television network Paramount
are hosting a marketing conference in New York, New York. Mr. Governale has been invited
to the conference. Paramount will pay for all travel, hotel, and event tickets.
The conference will include an event ticket to the New York Jets v. Kansas City
Chiefs NFL football. Mr. Governale asks whether the Code of Governmental Ethics allows for
Paramount to pay for lodging and travel expenses and if he can receive
the football ticket from Paramount.
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Mr. Governale stated over the phone that he has already filled out the Form 413 and sent it into our office. He asked to withdraw his request for an advisory opinion.
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La. R.S. 42:1115.2A.
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. 42:1115.2B
(1) Any public servant who accepts complimentary admission, lodging, or
transportation, or reimbursement for such expenses, shall file with the Board
of Ethics, within sixty days after such acceptance, a certification, on a form
designed by the board, disclosing all of the following:
(a)
The date and location of complimentary admission, lodging, or transportation
and a brief description of its purpose.
(b)
The name of the person who gave, provided, paid for, or reimbursed in whole or
in part the admission, lodging, or transportation.
(c)
The amount expended on his behalf or reimbursed by the person for admission,
lodging, and transportation.
(2)
The certification required by this Subsection shall include the certifications
of the agency head required by Subsection A of this Section.
La. R.S. 42:1123(13)(a)(i) The acceptance by a public servant of complimentary
admission to a civic, non-profit, educational, or political event when the
public servant is:
(aa)
A program honoree.
(bb)
Giving a speech at the event.
(cc)
A panel member for a discussion occurring at the event.
(dd)
Attending the event to assist an elected official who meets the provisions of
this Item when the public servant is under the supervision of the elected
official and such assistance is within the ordinary employment duties of the
public servant.
(ii)
The acceptance by a public servant of complimentary admission to a fundraising
event for a candidate or political party.
(iii)
The acceptance by a public servant of complimentary admission to a fundraising
event held by or for the benefit of an educational institution or by or for the
benefit of a nonprofit organization which conducts educational programs.
(b)
The provisions of Subparagraph (a) of this Paragraph shall not apply to
admission to any professional, semi-professional, or collegiate sporting event.
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Adopt proposed draft of advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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