| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits an employee of a publicly funded Senior Center from accepting gifts on behalf of her baby from clients at the Senior Center. |
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The clients at a publicly funded Senior Center want to give gifts to the Senior Center's Manager for her new baby. The Senior Center's employees are public servants, and the Senior Center's policy prohibits its employees from accepting gratuities from clients and vendors. However, the clients argue that the gifts are not for the employee but for the baby.
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La. R.S. 42:1111A(1)(a) provides that no public servant shall receive 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 provides that 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.
La. R.S. 42:1115B provides that 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 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. 42:1117 provides that no public servant or other person shall give, pay, loan, transfer, or deliver or offer to give, pay, loan, transfer, or deliver, directly or indirectly, to any public servant or other person any thing of economic value which such public servant or other person would be prohibited from receiving by any provision of this Part.
La. R.S. 42:1102(22)(a) defines "thing of economic value" to mean money or any other thing having economic value.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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