| Request to reconsider the Advisory Opinion request regarding the propriety of Rosa DeJean, a Deputy Clerk of Court with the Orleans Parish Civil District Court, notarizing documents. |
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Rosa DeJean is employed as a Deputy Clerk of Court with the Orleans Parish Civil District Court. She passed the notary exam in December.
Ms. DeJean states that she works in the Land Records Division of the Orleans Civil District Court. She states that the following types of documents are filed with her Division: acts involving movable and immovable property; conveyances, sales, exchanges, and donations; mortgages; acts of cancellation of mortgage; business organizations charters; bonds; and oaths of office.
Ms. DeJean seeks an opinion as to whether she may notarize documents for Fema; schools; Concealed Handgun Affidavits that are included in the Louisiana Concealed Handgun Permit Application Packet that are submitted to the Department of Public Safety and Corrections, Office of State Police; and vehicle transfers that are not filed in the Land Records Division.
Ms. DeJean also ask whether there is a waiting period for the prohibited documents if she terminates her employment with the Land Records Division.
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The Board considered this request at its April 2017 meeting. In May 2017, the Board received additional information from Ms. DeJean regarding the exact type of documents she is seeking to notarize.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during her public service unless such services are neither performed for nor compensated by any person who has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1111E prohibits a public servant, and a legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, from receiving or agreeing 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.
La. R.S. 42:1121B(1) prohibits a former public employee, for a period of two years following the termination of her public employment, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during her public employment and involving the governmental entity by which she was formerly employed, or for a period of two years following termination of her public employment, rendering, any service which such former public employee had rendered to the agency during the term of her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which she was formerly employed.
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Adopt proposed, revised advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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