| Advisory Opinion Request Keith A. Chaney, Jr., State Park Warden at Bayou Segnette State Park within the Office of State Parks, regarding off-duy security details. |
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Keith Chaney Jr. is employed by the Louisiana Office of State Parks, Law Enforcement Division, as a State Park Warden II at Bayou Segnette State Park in Westwego. He is POST certified as required by law.
Pursuant to La. R.S. 56:1688, state park wardens shall be vested with the same authority and powers conferred upon regular law enforcement officers while such wardens are acting within the course and scope of their duties on property subject to the jurisdiction of the Office of State Parks. Further, state park wardens shall have the specific authority and responsibility to enforce all rules and regulations of the Office of State Parks, and all laws of the State of Louisiana, within the limits of their jurisdiction. La. R.S. 56:1685C(19) places Bayou Segnette State Park within the jurisdiction of the Office of State Parks.
The Office of State Parks has not allowed state park wardens to work outside security details.
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La. R.S. 42:1111A(1)(a): No public servant shall receive any thing of economic value, other than compensation and benefits from the governmental entity to which he is duly entitled, for the performance of the duties and responsibilities of his office or position.
La. R.S. 42:1111C(1)(a): No public servant shall receive 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): No public servant shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person:
(1) who has or is seeking to obtain a contractual, business, or financial relationship with the public servant's agency;
(2) who conducts operations or activities which are regulated by the public employee's agency; or
(3) 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. 42:1123(15) provides the following exception:
The use by a duly commissioned law enforcement officer of a publicly owned law enforcement vehicle in connection with the private employment of such law enforcement officer in providing traffic control or security services for a private employer when such use is approved by and in accordance with the policy of the law enforcement officer's public employer, which policy shall be published in the official journal of the parish prior to becoming effective and shall provide for appropriate charges for the use of public vehicles for private employment.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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