| Advisory opinion request regarding whether Jennifer Boutte's employment with the Office of Motor Vehicles in New Iberia prohibits her spouse, Randall Boutte, from operating an auto title company. |
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Jennifer Boutte, is the field office manager for the Office of Motor Vehicles (OMV) in New Iberia. Ms. Boutte supervises subordinates who issue drivers license, ID cards, license plates and title registrations at the New Iberia office. She also enforces federal and state laws and policies and procedures pertaining to driving and vehicle registration privileges. Her regional manager is housed in Baton Rouge.
Ms. Boutte is the wife of Randall Boutte. Randall Boutte would like to open an auto title company in Broussard. He would receive the license through the planning unit division of the OMV located at the headquarters in Baton Rouge.
The company he is seeking to start would process title transfers, registration renewals, lost titles, plates, registrations replacements and add liens to records. He would get his supply of plates from either the Lafayette office or directly from headquarters. His work would be audited by roving auditor from the planning unit at headquarters. His regional manager would be housed in Breaux Bridge.
It is possible that a customer that visited Ms. Boutte's OMV for a vehicle title could go to Mr. Boutte's company for renewal of the plate sticker.
Mr. Boutte states that the two offices would in no way work in tandem or check one another's work.
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Section 1113 prohibits a public servant from entering into a transaction with the agency of the public servant.
Section 1112 prohibits a public servant from participating in a transaction in which he or a member of his immediate family has a substantial economic interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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