| Advisory opinion request regarding whether the Code of Governmental Ethics prohibits the Barataria-Terrebonne Estuary Foundation from paying a student worker at the Barataria-Terrebonne National Estuary Program to help with events hosted by the Foundation. |
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The Barataria-Terrebonne National Estuary Program ("BTNEP") is a governmental agency under the Louisiana Universities Marine Consortium ("LUMCON") and the Louisiana Board of Regents at the state level and the EPA at the federal level. The Barataria-Terrebonne Estuary Foundation ("BTEF") is a 501(c)(3) organization that assists BTNEP by receiving grants, fundraising, and helping to administer funds for several projects that address and support BTNEP's mission. Dr. LaFleur asks whether BTEF can pay a BTNEP student worker for rendering services on a short-term contract of one month or less to help BTEF organize and present events that BTEF will host, such as the White Boot Gala and the Bayou Lafourche Paddle Trip.
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La. R.S. 42:1111C(2): No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A: 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, 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. 42:1117: 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(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
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. 42:1102(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" to mean a public employee or an elected official.
La. R.S. 42:1102(22)(a) defines a "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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