Agenda Item
Docket No. 17-576
Advisory opinion request by Philip Windham, agriculture specialist within the Department of Agriculture and Forestry, regarding whether he may lease an eighteen wheeler truck to a third party who may haul grain and other various things from places he inspects.
Philip Windham is currently employed as an agriculture specialist in the Grain Division within the Department of Agriculture and Forestry. His responsibilities in this position include examining, inspecting, and investigating products, facilities, and commodities to ensure compliance with and enforcement of laws and regulations concerning agricultural commodities. Specifically, he takes samples from barges and rail cars from local grain elevators to determine the quality of grain. He stated that in no way can he affect whether grain can or cannot be transported through his position. Further, he normally does not take samples of grain from trucks but would upon request.
Mr. Windham and his wife own Windham 4 Farm LLC, which owns an eighteen wheeler truck with a hopper bottom trailer. These types of trailers are generally used for grain transportation but are not limited to it. He would like to lease this truck to a third party who may potentially haul grain to or from an elevator he has inspected. He would have no right to approve or disapprove of what the lessee was hauling and to where he would haul it. Further, there would be no markings on the truck that would let anyone know that the truck is owned by Mr. Windham. He would not receive any other form of compensation from the lessee of his truck other than the amount of the lease of the truck. Finally, he stated he would not receive any payments from anyone he regulates.
La. R.S. 42:1111C(2)(d) provides that no public servant an no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115A(1) or (B) from receiving a gift.
Adopt proposed opinion.
Assigned Attorney: Brett Robinson
2017-576 Proposed Opinion
2017-576 Advisory Opinion Request
2017-576- Additional Info
2017-576- Truck Lease Agreement