| Advisory opinion regarding whether a former office manager for the Department of Public and Safety, Cherl Domingue, may open a public tag agency. |
|
Ms. Domingue states that as a Manager she served as supervisor of a small field office providing service to the public in obtaining motor vehicle operator's licenses, identification cards, motor vehicle registration plates, and certificates of titles. She supervised, assigned, reviewed and evaluated the work of subordinates engaged in the application and enforcement of motor vehicle laws, rules and regulations. She participated in the interviewing of applicants for, and the issuance of, drivers' licenses, identification cards, and vehicle registrations. She determined the eligibility of applicants for drivers' licenses and the restrictions, if any, to be placed on the license. She reviewed all documents submitted for title transactions and made sure all necessary documentation was present. She determined the type of license plate required for the motor vehicle based on the vehicle and its intended use.
As a public tag agent she intends to collect the registration license taxes, as well as applicable sales and use taxes, and to issue registration certificates and license plates for vehicles. She would receive and process applications filed for certificates of title, duplicate certificates of title, and corrected certificates of title. She would also record liens, mortgages, or security interests against motor vehicles, conversions of plates, transfers of plates, replacements of lost or stolen plates and/or stickers, registration renewals, duplicate registrations, and other applications or transactions as authorized by the commissioner. Any applications, registrations, and recording would be sent to the Office of Motor Vehicles.
|
|
La. R.S. 42:1121A(1) prohibits a former agency head, for a period of two years following the termination of his public service as the head of such agency, from assisting a person, for compensation, in a transaction or in an appearance in connection with a transaction, involving his former agency or from rendering, on a contractual basis, any service to or for his former agency for a period of two years.
Section 1121B of the Code prohibits a former public servant, for two years, from assisting another person, for compensation, in a transaction in which she participated during her public employment and which involves the governmental entity. Section 1121B of the Code also prohibits a public servant, for a period of two years following the termination of his public employment, from rendering any service which such former public employee rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Aneatra Boykin |
|
|