| Advisory opinion request regarding whether Darrell McMullen may test employees of the Louisiana Department of Transportation and Development (DOTD) District 5 for commercial driver's license (CDL) while being employed by Gang 760 within District 5. |
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Darrell McMullen is a highway foreman for Gang 760 and a Safe Operating Check Lists (SOCL) trainer for multiple equipment within District 5. Gang 760 performs general road maintenance on I-20 including picking up rubber, cleaning the shoulder to repair fence and cable barriers, pot hole patching, patching bridge desks, mud jack voids around bridges and voids under the roadway, repairing catch basis and cutting trees from storm damage.
Mr. McMullen would like to test District 5 employees for their CDL on his days off or when taking annual leave. He states that he would require the employees directly pay for the testing. The DOTD currently pays for this testing and would reimburse the employees for one attempt at receiving their CDL.
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La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of 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.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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