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LEGAL BRIEFS<br />
Convention Care<br />
Our Annual Convention, along with<br />
other large-format events, provides a<br />
perfect opportunity to network with<br />
municipal peers and with corporate<br />
partners and vendors. On the exhibit<br />
hall floor, municipal leaders can explore<br />
the broad spectrum of goods and services<br />
available to assist them in efficient<br />
and effective leadership. Yet, it is important<br />
to be mindful that the rules provided<br />
in the Code of Governmental Ethics<br />
are not suspended during such events.<br />
The Code of Governmental Ethics defines<br />
“public servants” as any public<br />
official and any public employee, and<br />
it prohibits public servants from receiving<br />
gifts under certain circumstances.<br />
The Code uses very specific language,<br />
which is cross-referenced to definitional<br />
sections.<br />
But simply stated, whether the municipality<br />
already has a financial relationship<br />
with an exhibitor, or an exhibitor is seeking<br />
to forge such a connection, the ethics<br />
laws prohibit municipal officials and<br />
employees from accepting any “thing<br />
of economic value.” This is, in fact, the<br />
very nature of an event exhibit hall: to<br />
provide a venue for corporate vendors,<br />
suppliers, and contractors to connect<br />
with governmental decisionmakers for<br />
the purpose of establishing or expanding<br />
a business relationship.<br />
To get ahead of these issues and as<br />
part of the pre-convention vendor and<br />
exhibitor packet, the LMA provides the<br />
following guidance to our corporate collaborators:<br />
La. R.S. 42:1115 prohibits elected officials<br />
and public employees from soliciting or<br />
accepting any thing of economic value<br />
from an entity or person seeking to obtain<br />
a contractual or financial relationship<br />
with the public servant’s agency, or from<br />
persons seeking to influence the course of<br />
legislation through compensation. Public<br />
employees are further prohibited from<br />
accepting any thing of economic value<br />
86 TH ANNUAL CONVENTION<br />
As a general rule,<br />
then, the ethics<br />
laws prohibit<br />
municipal officials<br />
and employees<br />
from receiving<br />
gifts or giveaways<br />
from corporate<br />
exhibit hall<br />
attendees during<br />
convention,<br />
even if the gift<br />
is exchanged<br />
pursuant to a<br />
raffle or random<br />
drawing.<br />
from persons who conduct operations/<br />
activities regulated by the public employee’s<br />
agency, or from persons who have a<br />
substantial economic interest that may be<br />
affected by the performance of the public<br />
employee’s duties.<br />
As a general rule, then, the ethics laws<br />
prohibit municipal officials and employees<br />
from receiving gifts or giveaways<br />
from corporate exhibit hall attendees<br />
during convention, even if the<br />
gift is exchanged pursuant to a raffle or<br />
random drawing. While the possibility<br />
of winning expensive and extravagant<br />
items (such as smart technology devices,<br />
jewelry, and outdoor equipment)<br />
can be very tempting, if the receipt of<br />
such items triggers an ethics complaint<br />
from a disgruntled non-recipient or a<br />
political rival, it is hardly worth the risk.<br />
There are exceptions to the gift prohibition<br />
for promotional items having<br />
no substantial resale value IF those<br />
items have the name and/or logo of<br />
the donor imprinted on them. While<br />
the Board of Ethics is the ultimate arbiter<br />
for what constitutes a “promotional<br />
item,” the Board has provided guidance<br />
that such items may include cups, hats,<br />
pins, pens, and other tradeshow items<br />
sporting the company’s logo. These<br />
promotional items can be an important<br />
part of networking for our corporate<br />
partners, so we encourage exhibitors<br />
to work within the scope of ethics laws<br />
to benefit from this valuable marketing<br />
tool at convention.<br />
Because corporate-sponsored receptions<br />
and dining events are common<br />
during our events, it is also worth noting<br />
that pursuant to La. R.S. 42:1115.1(E)(1),<br />
the monetary limit on the gifting of food<br />
and drink in the ethics provisions does<br />
not apply to large-format gatherings of<br />
our statewide organization of municipal<br />
officials and employees.<br />
Because these ethics prohibitions are<br />
highly fact-specific, when in doubt, we<br />
recommend erring on the side of caution<br />
and declining the gift, or, at least,<br />
contacting the Board of Ethics for oral<br />
guidance.<br />
Editor’s Note: The information provided in<br />
this column is not a replacement for consultation<br />
with your own municipal attorney,<br />
and it should not be considered legal<br />
advice for any particular case or situation.<br />
by Karen Day<br />
White<br />
LMA Executive<br />
Counsel<br />
White is a member of the LMA Legislative<br />
Advocacy Team and can be reached at<br />
kwhite@lma.org.<br />
Page 28<br />
<strong>LMR</strong> | JULY <strong>2023</strong>
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