Current through Register Vol. 50, No. 9, September 20, 2024
A. The
purpose of the section is to establish a policy to allow limited types of
advertising and sponsorship on assets owned or controlled by OSP to raise
revenue for increased self-sufficiency and for the implementation of new
opportunities and amenities for the public's benefit.
1. The agency recognizes that entering into a
sponsorship agreement with an external entity does not constitute an
endorsement of the entity or its services and products but does imply an
affiliation. Such affiliation can affect the reputation of the state among its
citizens and its ability to govern effectively. Therefore, any proposal for
sponsorship of a state program or service in which the involvement of an
outside entity compromises the public's perception of the state's neutrality or
its ability to act in the public interest will be rejected.
B. The agency may issue
solicitations or notices to secure contracts to determine the market potential
for advertisements or sponsorships or to place advertisements or sponsorship
signs on agency assets.
1. The responses will
be reviewed by a committee appointed by the assistant secretary, and the most
suitable proposals, as determined by the committee, may be selected.
2. The committee has the discretion to make
reasonable recommendations to the assistant secretary concerning the types of
advertising or sponsorship that may be displayed utilizing the criteria
established herein.
3. The
assistant secretary shall have final discretion regarding which proposals are
selected. Selections shall be made for those advertisements or sponsorships
that do not impact or infringe upon the image or reputation of the
agency.
4. The agency may limit the
number and type of assets available for advertising or sponsorship
signs.
5. The agency may limit the
authorization to advertise or to place sponsorship signs among the agency's
divisions, sections, programs and initiatives.
6. The agency may limit the terms and
conditions of the contract with an advertiser or sponsor.
C. The agency shall consider the following
criteria before entering into a sponsorship agreement:
1. Whether the sponsorship is consistent with
the goals, objectives, and mission of the agency and the current priorities
that support these goals, objectives, and mission; and:
a. the importance of the sponsorship to the
mission of the agency;
b. the
extent and prominence of the public display of sponsorship;
c. aesthetic characteristics of the public
display of sponsorship;
d. the
cooperation necessary from the agency to implement the sponsorship;
e. any inconsistencies between the agency's
policies and the known policies of the potential sponsor; and
f. other factors that might undermine public
confidence in the agency's impartiality or interfere with the efficient
delivery of agency services or operations, including, but not limited to,
current or potential conflicts of interest, or perception of a conflict of
interest, between the sponsor and agency employees, officials, or affiliates;
and the potential for the sponsorship to tarnish the state's standing among its
citizens or otherwise impair the ability of the state to govern its
citizens.
2. The amount
of the approved financial or in-kind support is at the discretion of the
agency.
3. Sponsorship agreements
shall include a termination clause giving the agency the right to end such
agreement at any time based on any of the following:
a. safety concerns;
b. a determination that the sponsorship
agreement or acknowledgement is not in the public interest;
c. for the convenience of the
agency.
D.
The advertisement or sponsorship content shall only include content that
promotes or informs a commercial transaction. Only commercial advertising or
sponsorships that are tasteful, visually appealing with inoffensive content
will be accepted.
1. No content promoting
illegal activity or obscene, vulgar or offensive conduct shall be
allowed.
2. No political
advertising shall be allowed.
3. No
content that demeans or disparages individuals or groups shall be
allowed.
4. No advertising or
sponsorship signs of adult-oriented products shall be allowed.
5. The advertising or sponsorship should not
be so controversial that it can promote vandalism of advertising or sponsorship
materials and associated agency property.
E. Advertising or sponsorship signs may be
placed on immovable property, improvements on immovable property, vehicles,
watercraft, and other assets of the agency, including but not limited to
websites, social media platforms, pamphlets, brochures and other outreach,
communications, and educational materials.
1.
The agency will maintain full ownership of any sponsored product, event, and
asset.
2. The agency shall maintain
all authorship rights to publications.
3. The sponsoring organization is not
permitted to charge fees for state owned products, events, or access to state
property.
4. The sponsoring
organization is not permitted to alter publications or other property without
the written permission of the agency.
F. Advertising or sponsorship signs shall not
be placed in a manner that could interfere or confuse the identification of the
agency's ownership or control of the asset.
1.
Specification regarding the size, types, duration, and placement of
advertisements and sponsorship signs will be negotiated and finally approved by
the assistant secretary conforming with the mission of the agency.
2. On vehicles, watercrafts, and other assets
of the agency traditionally utilized in the transport of personnel or
equipment, advertising or sponsorship signs may be placed on the inside or the
outside of the equipment. However, the display shall not be placed in such a
manner that is impedes the asset's safe utilization or operation.
a. Advertising or sponsorship signs shall not
be allowed on vehicles, watercrafts and other assets traditionally utilized in
the transport of personnel and equipment that are under the control or
operation of OSP law enforcement positions.
3. The advertiser or sponsor will be required
by the agency to submit and maintain detailed plans and provisions for any
advertising or sponsorship signs that require a power source, such as
electronics or LED lighting.
a. The use of
powered advertising or sponsorship devices shall not have any adverse effect on
the safety and functionality of the asset. If the safety and functionality of
the asset is compromised after installation, the signs shall be
removed.
G.
OSP shall prepare and submit timely reports in accordance with
R.S.
36:204(B)(11)(c).
AUTHORITY NOTE: Promulgated in
accordance with
R.S.
36:204
(B)(11).
