| Advisory opinion request by Tamara Hingle regarding whether she may own and operate a driving school in Louisiana, or to be employed by an auto title company or public tag agency if she leaves her position as Office Manager for the New Orleans East Office of Motor Vehicles. |
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As Office Manager, Ms. Hingle supervises a small motor vehicle office with two subordinates who issue driver's licenses, identification cards, license plates and title registrations; and, enforces federal and state laws and policies and procedures pertaining to driving and vehicle registration privileges which involve interviewing applicants and determining compliance or non-compliance with these laws. Ms. Hingle stated she is not responsible for hiring, firing, or other employment decisions at her office.
The driving school she is contemplating opening would not fall under the supervision or jurisdiction of New Orleans East Office of Motor Vehicles. She would be required to be licensed through the Department of Motor Vehicles Headquarters in Baton Rouge. Her school would offer required driver education in the classroom and outside road skills. It would also administer testing to obtain a Louisiana driver's license. After applicants complete the courses at her driving school, they would be required to submit proof of passing the road skills test and their Driver's Ed completion certificate to any Motor Vehicle Office, including the office she manages, to receive a driver's license or permit. Finally, she stated that the auto title companies and auto tag agencies offer the same services as the Office of Motor Vehicles.
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La. R.S. 42:1121A(1) prohibits a former agency head or elected official, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, from assisting another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years following the termination of his public employment, assist 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 his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
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| Assigned Attorney: |
Brett Robinson |
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