§ 42:1111 — Payment from nonpublic sources

Louisiana § 42:1111

• Jurisdiction: Louisiana
• Title 42: Public Officers and Employees

Text

§1111. Payment from nonpublic sources
A. Payments for services to the governmental entity.
(1)(a) No public servant shall receive 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.
(b) Any supplementary compensation or benefits provided to an employee of a public
higher education institution, board, or system from funds or property accruing to the benefit
of the institution, board, or system as approved by the appropriate policy or management
board, through an alumni organization recognized by the management board of a college or
university within the state or through a foundation organized by the alumni or other
supportive individuals of a college or university within the state the charter of which
specifically provides that the purpose of the foundation is to aid said college or university in
a philanthropic manner shall be deemed for purposes of this Subsection as compensation and
benefits from the government to which he is duly entitled.
(c) Any supplementary compensation or benefits provided to the director of the
Louisiana State Museum as approved by the board of directors of the Louisiana State
Museum through the board or a foundation organized to support any particular museum
under the jurisdiction of the Louisiana State Museum whose charter specifically provides that
the purpose of the foundation is to aid the museum in a philanthropic manner shall be
deemed for purposes of this Subsection as compensation and benefits from the government
to which he is duly entitled.
(2) Any supplementary compensation or benefits provided to the commissioner of
higher education or to an employee of the Board of Regents from funds or property accruing
to the benefit of the board as approved by appropriate policy through a foundation organized
to support higher education, including the Board of Regents, the charter of which specifically
provides that the purpose of the foundation is to aid higher education in a philanthropic
manner shall be deemed for purposes of this Subsection as compensation and benefits from
the government to which he is duly entitled.
(3) Any supplementary compensation or benefits provided to a member of the
faculty, administration, or staff of the New Orleans Center for Creative Arts or the Jimmy
D. Long, Sr. Louisiana School for Math, Science, and the Arts from funds or property
accruing to the benefit of the center or school pursuant to the approval of the board of
directors for use as provided in R.S. 17:1968 or 1970.27 through a foundation organized to
support the center or school which is chartered specifically to provide aid to the center in a
philanthropic manner shall be deemed for purposes of this Subsection as a supplement to his
compensation to which he is duly entitled. Such a supplement shall not, however, be
considered as regular compensation from his governmental employer nor shall it form any
basis for governmentally supported benefits.
(4) Up to five thousand dollars per year to be credited against qualified student loan
debt that is provided to a former law student who is an attorney and a public employee
through a bona fide Loan Repayment Assistance Program established as a qualified program
under the federal Internal Revenue Code and administered by any law school using funds or
property accruing to the benefit of the law school or from a foundation which is organized
specifically to aid and support the programs of the law school and the charter of which
specifically provides that the purpose of the foundation is to aid the law school in a
philanthropic manner shall be deemed for purposes of this Subsection as a supplement to his
compensation to which he is duly entitled. However, such a supplement shall not be
considered regular compensation from the governmental entity which employs him, nor shall
it be the basis for governmentally supported benefits.
(5) Any compensation paid to any public school teacher or administrator, including
kindergarten through the twelfth grade and postsecondary education instructional faculty and
administrators, for proctoring and assisting a bona fide non-profit testing organization in the
administration of standardized tests either for student evaluation or for use in admission to
college or other educational programs shall be deemed for purposes of this Part as
compensation from his governmental entity to which he is duly entitled. Such compensation
shall not, however, be considered as regular compensation from his governmental entity nor
shall it form any basis for governmentally supported benefits. Moreover, such services shall
be deemed for purposes of this Part to be performed for the benefit of his governmental
entity, although the time spent in such matters shall not be deemed as hours worked for his
governmental entity.
(6) Any award or stipend provided to any public school teacher or administrator for
his participation in the National Math and Science Initiative, shall be deemed for purposes
of this Part as compensation from his governmental entity to which he is duly entitled. Such
an award or stipend shall not be considered regular compensation from his governmental
entity nor shall it form any basis for governmentally supported benefits. For the purposes
of this Part, the services for which the award or stipend is received shall be deemed to be
performed for the benefit of the public school teacher's or administrator's governmental
entity.
(7) Any compensation paid to any public school teacher, administrator, or supervisor,
including kindergarten through the twelfth grade and postsecondary education instructional
faculty and administrators from any agency participating in a state or statewide public
retirement system shall be deemed for purposes of this Part as compensation from his
governmental entity to which he is duly entitled. Such services shall be deemed for purposes
of this Part to be performed for the benefit of his governmental entity, although the time
spent in such matters shall not be deemed as hours worked for his governmental entity.
(8) Any award or stipend provided to any public school teacher or administrator for
his participation with any nonprofit provider of teacher or public-school administrator
certification, shall be deemed for purposes of this Part as compensation from his
governmental entity to which he is duly entitled. For the purposes of this Part, the services
for which the award or stipend is received shall be deemed to be performed for the benefit
of the public school.
(9) Any stipend provided to any public school athletic trainer for services performed
for the benefit of his governmental entity paid for by a private entity that provides for the
health and safety of student athletes and that does not receive third party reimbursements
shall be deemed for purposes of this Part as compensation from his governmental entity to
which he is duly entitled.
B. Finder's fees. No public servant shall receive any thing of economic value from
a person to whom the public servant has directed business of the governmental entity.
C. Payments for nonpublic service.
(1) No public servant shall receive any thing of economic value for any service, the
subject matter of which:
(a) Is devoted substantially to the responsibilities, programs, or operations of the
agency of the public servant and in which the public servant has participated; or
(b) Draws substantially upon official data or ideas which have not become part of
the body of public information.
(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:
(a) Bona fide and actually performed by the public servant or by the entity;
(b) Not within the course of his official duties;
(c) Not prohibited by R.S. 42:1112 or by applicable laws or regulations governing
nonpublic employment for such public servant; and
(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.
(3)(a) Notwithstanding any other provision of the law to the contrary, and
specifically the provisions of this Section, an employee of the office of the clerk of court may
research public records, prepare chains of title, or perform any other title abstract related
work, for compensation from nonpublic sources, with the approval of the clerk of court,
provided such services are not performed during the employee's assigned working hours and
do not interfere with the performance of his assigned duties.
(b) No clerk of court shall receive any compensation or any portion of compensation
received by any employee from nonpublic sources for the performance of any services related
to the preparation of chains of title or any other title abstract related work approved by the
clerk of court to be done by an employee during his nonworking hours.
(c) A willful violation of this Paragraph shall subject the clerk of court to a
conviction of a misdemeanor and a fine of not less than five hundred dollars nor more than
two thousand dollars.
(d) The clerk of court of each parish in conjunction with the parish governing
authority shall promulgate rules and regulations for the use of its facilities, records, and
equipment by all abstractors, including deputy clerks, regarding availability, costs, and
procedures.
(4) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, an
elected official shall not be prohibited for a period of not more than ninety days following
the first day of his initial term of office from receiving compensation from a person from
whom he would be prohibited by R.S. 42:1115(A)(1) from receiving a gift for the completion
while in office of any contract or subcontract which was entered into prior to his initial
election to office, provided that such contract or subcontract is written and includes
established terms for compensation and completion and that such contract or subcontract
shall not be renewed after his initial election. Within thirty days of taking office, the elected
official shall file a written notice of such contract or subcontract with his governmental entity
and the Board of Ethics, setting forth the nature of the contract or subcontract, the established
completion date, and the established compensation therefor.
(5)(a) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, the
spouse of a public servant may continue employment with a person who has or is seeking a
contractual or other business or financial relationship with the public servant's agency
provided all of the following conditions are met:
(i) The spouse is a salaried or wage-earning employee and has been continuously
employed by the person for at least one year prior to the date the compensated employment
would have otherwise initially been prohibited.
(ii) The compensation of the spouse is substantially unaffected by a contractual or
other business or financial relationship with the public servant's agency.
(iii) Neither the public servant nor the spouse is an owner, officer, director, trustee,
or partner in the legal entity which has or is seeking to have the relationship with the public
servant's agency.
(iv) The public servant recuses or disqualifies himself from participating in any
transaction involving the spouse's employer in accordance with R.S. 42:1112 and related
rules and regulations.
(v) Either prior to or within ten business days of the date the compensated
employment would otherwise be prohibited, the spouse and the public servant jointly file
with the Board of Ethics a written notice containing a brief description of the nature of the
contractual, business, or financial relationship with the public servant's agency, the date the
spouse was employed by the person, and any other information required by the board.
(vi) The spouse complies with the disclosure requirements in R.S. 42:1114.
(b) The provisions of this Paragraph shall not apply to members of the legislature.
(6) Notwithstanding the provisions of Subparagraph (2)(d) of this Subsection, a
member of a school board or parish or municipal governing authority may continue
employment with a person who has or is seeking a contractual or other business or financial
relationship with his governmental entity or an agency under the jurisdiction or supervision
of his governmental entity, provided that all of the following conditions are met:
(a) The member is a salaried or wage-earning employee of his employer.
(b) The compensation of the member is substantially unaffected by his employer's
contractual or other business or financial relationship with his governmental entity or other
agency under the jurisdiction or supervision of his governmental entity.
(c) The member is not an officer, director, trustee, or partner of his employer.
(d) The member does not own an interest which exceeds one percent of the legal
entity which employs him.
(e) The member does not participate in any transaction with his governmental entity
or agency under the jurisdiction or supervision of his governmental entity, including recusing
himself from any vote, involving his employer.
(f) The member complies with the disclosure requirements in R.S. 42:1114.
D. Payments for future services. No public servant shall receive, directly or
indirectly, any thing of economic value during the term of his public service in consideration
of personal services to be rendered to or for any person subsequent to the term of such public
service; however, a public servant may enter into a contract for prospective employment
during the term of his public service unless otherwise prohibited by R.S. 42:1116.
E. Payments for rendering assistance to certain persons.
(1) No public servant, and no legal entity of which such public servant is an officer,
director, trustee, partner, or employee, or in which such public servant has a substantial
economic interest, shall receive or agree to receive any thing of economic value for assisting
a person in a transaction, or in an appearance in connection with a transaction, with the
agency of such public servant.
(2)(a) No elected official of a governmental entity shall receive or agree to receive
any thing of economic value for assisting a person in a transaction or in an appearance in
connection with a transaction with the governmental entity or its officials or agencies, unless
he files a written statement with the board prior to or within ten days after initial assistance
is rendered.
(b) For purposes of this Paragraph, "transaction" shall not include a ministerial
transaction. "Ministerial transaction" means a transaction that involves routine,
administrative communications intended to obtain service, information, or assistance from
a public employee whose duties are established in plain and unmistakable terms by law, rule,
or regulation.
(c) The contents of the written statement required by this Paragraph shall be
prescribed by the board and shall include a certification by the elected official filing it that
the information contained in the statement is true and correct to the best of his knowledge,
information, and belief. The statement shall be a public record.
(d) The board shall review all statements filed in accordance with this Paragraph.
If the board determines that a statement is deficient or may suggest a possible violation of
this Part, it shall, no later than the second regularly scheduled meeting of the board following
the receipt of such statement, notify the elected official filing the statement of its findings.
Such notification shall be deemed confidential and privileged and shall be made public only
in connection with a public hearing by the board for an alleged violation of this Part where
such would be relevant to the alleged violation for which the elected official is being
investigated.

Legislative History

Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1983, No. 403, §1; Acts 1983, No. 697, §1; Acts 1986, No. 359, §1; Acts 1992, No. 1123, §1; Acts 1995, No. 74, §1, eff. June 12, 1995; Acts 2004, No. 722, §1; Acts 2006, No. 517, §1, eff. June 22, 2006; Acts 2006, No. 773, §1, eff. June 30, 2006; Acts 2008, No. 245, §1; Acts 2008, No. 690, §1; Acts 2010, No. 525, §4, eff. June 24, 2010; Acts 2014, No. 227, §1, eff. May 28, 2014; Acts 2015, No. 263, §2, eff. Jan. 12, 2016; Acts 2017, No. 388, §1, eff. June 23, 2017; Acts 2018, No. 183, §1, eff. Jan. 1, 2019; Acts 2020, No. 233, §1; Acts 2021, No. 272, §1, eff. June 15, 2021; Acts 2022, No. 348, §1; Acts 2024, No. 492, §1, eff. June 5, 2024; Acts 2025, No. 301, §1, eff. June 11, 2025.