| Advisory opinion request from La Capitol Federal Credit Union ("La Cap") regarding whether certain logo promotional items are considered "things of economic value" pursuant to
Louisiana Code of Governmental Ethics
("Code")
. Additionally, whether the Code prohibits La Cap
employees from handing out the logo promotional items to the public without any determination as to the status of the customer as a public servant or not. |
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La Cap is a federally chartered credit union headquartered in Baton Rouge Louisiana. La Cap provides services to employees and families of employees of the State of Louisiana. La Cap currently leases space from the State of Louisianan to provide cashiering services at the University of Louisiana Monroe. The State of Louisiana also leases space from La Cap.
As part of an outreach program by La Cap, the credit union is planning on giving away to the public sample promotional items that all contain the La Cap logo. The items include lanyards, badge holders, pens, and other items that cost less than $3.
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La. R.S. 42:1102(22)(a) provides that "thing of economic value" means money or any other thing having economic value, except promotional items having no substantial resale value.
La. R.S. 42:1115A prohibits a public servant from soliciting or accepting, 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 servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency, or is seeking, for compensation, to influence the passage or defeat of legislation by the public servant's agency.
La. R.S. 42:1115B prohibits a public employee from soliciting or accepting, 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 conducts operations or activities which are regulated by the public employee's agency, or 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(18) defines a "Public employee" as 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; and, (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" as a public employee or elected official.
La. R.S. 42:1111(A) 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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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