| Request for an advisory opinion regarding whether the Code of Governmental Ethics would prohibit Joy Johnson, an employee of the Division of Administration, Office of Facility Planning and Control, from accepting a scholarship from the American Traffic Safety Services Association to attend their 2026 Conference. |
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Joy Johnson is employed with the Division of Administration, Office of Facility Planning and Control as a Project Manager. She holds several certifications from the American Traffic Safety Services Association. The Division of Administration is not affiliated with the American Traffic Safety Services Association and her work with the Office of Facility Planning and Control is not related to traffic safety.
Ms. Johnson plans to attend the 2026 Conference of the American Traffic Safety Services Association. She intends to use annual leave and will not seek or receive reimbursement for any costs or expenses to attend the conference.
The American Traffic Safety Services Association would like to award Ms. Johnson a scholarship to attend the conference.
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La. R.S. 42:1111A 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.
La. R.S. 42:1115A(1) prohibits a public servant from
soliciting or accepting, 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 has or is seeking to
have a contractual, business or financial relationship with the public
servant's agency.
La. R.S. 42:1115A(2) prohibits a public servant
from soliciting or accepting, 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 is seeking, for
compensation, to influence the passage or defeat of legislation by the
pubic servant's agency.
La. R.S. 42:1115B(1) prohibits a public
employee from soliciting or accepting, 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 conducts
operations or activities that are regulated by the public employees'
agency.
La. R.S. 42:1115B(2) prohibits a public employee from
soliciting or accepting, 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 has a substantial
economic interest which may be substantially affected by the performance
or nonperformance of the public employee's office duty.
La. R.S. 42:1115.2 provides that the provisions of R.S. 42:1111 or 1115 shall not preclude the acceptance by a public servant of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, if the agency head of the public servant's agency certifies each of the following:
(1) The public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, is either of direct benefit to the agency or will enhance the knowledge or skill of the public servant as it relates to the performance of his public service.
(2) The agency head approved the public servant's acceptance of complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses, prior to acceptance.
La. R.S. 42:1115.2 requires any public servant who accepts complimentary admission, lodging, and reasonable transportation, or reimbursement for such expenses to file with the Louisiana Board of Ethics, within sixty (60) after such acceptance, a certification disclosing:
(1) The date and location of complimentary admission, lodging, or transportation and a brief description of its purpose.
(2) The name of the person who gave, provided, paid for, or reimbursed by the person for admission, lodging, and transportation.
(3) The certification required herein shall include the certifications of the agency head.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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