| Advisory Opinion Request from Wayne Halm, resident of Natchitoches, Louisiana, regarding whether the Code of Governmental Ethics prohibits him from hosting elected officials in his home. |
|
Mr. Halm currently serves as Councilman, District 3, Natchitoches Parish. He is considering inviting local, state and federal elected officials to his home, where they can interact with local residents. These events may include a meal provided to such officials.
Such events would utilize only his personal funds.
|
|
La. R.S. 42:1111A 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. 42:1115A(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. 42:1115.1A 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 $84 for a single event at which food, drink, or refreshment is given.
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(8) defines "elected official" to mean any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. It shall also include any person appointed to fill a vacancy in such offices.
La. R.S. 42:1102(18) defines "public servant" to mean a public employee or an elected official
La. R.S. 42:1102(25)(a) defines "thing of economic value" to mean money or any other thing having economic value.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|