| Advisory opinion request from Anthony V. Ligi, Jr, on behalf of the Louisiana Department of Education ("LDOE"), as to whether the Code of Governmental Ethics (the "Code") permits LDOE employees to solicit donations from third parties to cover certain costs associated with the hosting of an upcoming event. |
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LDOE will be hosting an event called "Teacher Leader Summit 2025" in June 2025 (the "Event"). As currently contemplated by LDOE, the costs of hosting the Event would be defrayed by soliciting donations. Additionally, donors would receive various benefits based upon the size of their donation.
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La. R.S. 42:1115 provides with respect to gifts:
"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."
"B. No public employee 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) 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" to mean, public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, 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 elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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