| Advisory Opinion regarding whether the Code of Governmental Ethics prohibits a nonprofit sponsoring scholarships for graduating cadets with the Terrebonne Parish Sheriff's Office Regional Training Academy ("Training Academy"). |
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Brothers in Blue Motorcycle Club, Dirty South Chapter (hereinafter referred to as "BBMC"), is a non-profit organization in Houma, Louisiana. Its members consist of former and current First Responders and Military Personnel.
The Training Academy is operated by the Terrebonne Parish Sheriff's Office ("TPSO") and is a POST Basic Law Enforcement Academy responsible for basic law enforcement training for new law enforcement and correctional officers. The students must be commissioned Law Enforcement Officers (as per Louisiana P.O.S.T. Standards). The Academy will accept personnel from any law enforcement agency in the state.
BBMC would like to donate funds to award graduating cadets of the Training Academy. They would like to provide single scholarships to any cadet in need, upon graduation, with additional attention to cadets with exceptional performance. These scholarships would not be directed to the Sheriff's office or the Training Academy, but given directly to the cadet selected.
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La. R.S. 42:1102(18)(a) defines "public employee" to mean 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. (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" means a public employee or an elected official.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1111A(1)(a) prohibits a public servant 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.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102(22)(a) "Thing of economic value" means money or any other thing having economic value.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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