Mr. Brett Morgan requested an advisory opinion regarding whether the Code would prohibit him from receiving compensation for providing training services to LaAGC and ATSSA. Mr. Morgan also inquired whether he would be prohibited from providing the ATSSA training to Louisiana Department of Transportation and Development (DOTD) personnel.
Mr. Morgan stated that he would conduct the instruction while on leave from DOTD or on the weekends. Mr. Morgan has been employed with DOTD since March of 1997. He currently serves as a Statewide Traffic Control Specialist for DOTD in Construction Section 40. ATSSA training is not part of Mr. Morgan's official job duties.
Further, Mr. Morgan inquired whether the Code would prohibit him from instructing DOTD employee during work time. Mr. Morgan stated that he would not receive any additional compensation other than his duly entitled salary with DOTD for training DOTD employees during regular work hours.
Finally, Mr. Morgan provided that ATSSA has one instructor for the entire Southern United States. The instructor is 75 years old and ready to retire. Mr. Morgan was asked to fill in for the instructor and teach some ATSSA courses paid by LaAGC. Mr. Morgan stated that the LaAGC does not have any affiliation with Construction Section 40. The LaAGC is funded by dues paid by general contractors. The LaAGC sets up conferences in various locations around the state. The contractors, consultants, and designers must obtain this ATSSA training before bidding on any work with DOTD. The fee which is collected by LaAGC is used to pay for the materials, the instructor, and the royalties to ATSSA. Mr. Morgan personally paid for his own certification to be eligible to teach these courses.
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