| Advisory Opinion request from Yazan Rantisi, on behalf of Department of Children and Family Services ("DCFS") as to whether the Code permits DCFS employees to accept food and beverages from DCFS vendors at an event. |
|
|
DCFS is hosting an employee appreciate week. Certain vendors of DCFS would like to set up displays to showcase their services. As part of their presentations, they would like to provide food and beverages to DCFS employees. Representatives of the vendors would be on-site at all times that food and beverages are provided.
|
|
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. 42:1511.1 provides that no person from whom a public servant is prohibited by R.S. 42:1111 or 1115(A) from receiving a thing of economic value shall give to such a public servant any food, drink, or refreshment the total value of which exceeds eighty-one dollars for a single event at which food, drink, or refreshment is given.
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.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|