Agenda Item
Docket No. 17-1149
Advisory opinion request from Rhett Breerwood, Command Historian with the Louisiana National Guard Museum at Jackson Barracks.
Rhett Breerwood is employed by the Louisiana National Guard as the Command Historian at the Louisiana National Guard Museum located at Jackson Barracks in New Orleans. As Command Historian, his duties include researching, organizing, and interpreting Louisiana militia and National Guard history through the use and display of public reports, files, and documents. He also assists researchers with library and archive resources, as well as conducts oral histories with soldiers, airmen, veterans, and any other appropriate parties who may contribute to the history of the Louisiana National Guard.

Mr. Breerwood is interested in writing and selling a book detailing the esteemed history of the Louisiana National Guard. All of the source material would be public documents. Additionally, any new research and all writing would be conducted outside of his normal working hours at the Louisiana National Guard Museum.

AO 2017-390: Board allowed an archives specialist to conduct genealogy research provided he did not provide services to anyone he assisted in his public capacity as prohibited by 1111C(1)(a).
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) provides that no public servant and 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: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.

La. R.S. 42:1113A(1)(a) states no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.

Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
2017-1149 - Advisory Opinion Draft (3.0)
2017-1149 AOR
2017-1149- Additional Information
2017-390: Advisory Opinion