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Advisory opinion regarding whether Kenny Ribbeck may continue his outside employment while he is employed as the Biologist Division Administrator of the Wildlife Division of Louisiana Department of Wildlife and Fisheries. |
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Mr. Ribbeck's duties as the Biologist Division Administrator include overseeing and providing guidance to his Biologist Directors in the development and management of all the programs which he is over in the Wildlife Division, as illustrated by the provided organizational chart.
The staff of the Private Lands Division, which falls under the Education/Technical Assistance Branch, provides services for private landowners at no charge. These services include developing a plan to manage the land to meet the landowner's wildlife conservation goals. The plans developed by the biologists in the Private Lands Division include wildlife management practices designed to improve habitat conditions for species of landowner interest and to help manage native plant communities. Plans are tailored to meet landowners goals and can incorporate other landowner objectives such as farming, timber revenue and aesthetics. The actual implementation of the wildlife management plan is the responsibility of the landowner.
Mr. Ribbeck's outside employment involves general yard maintenance and forest management services for private landowners. His supervisor (Jimmy Anthony, Assistant Secretary, Office of Wildlife) directed him to obtain an ethics opinion regarding these forest management services he provides, which includes: forest inventory, timber marking, timber sale preparation and timber appraisal for landowners. These services are not provided by any Wildlife Division staff in the performance of their official duties
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Sections 1111A and 1111C(1)(a) of the Code prohibit the receipt of compensation from a source other than the public servant's public employer for any service devoted substantially to the responsibilities, programs or operations of the agency of the public servant and in which the public servant has participated.
Section 1111C(2)(d) prohibits a public servant from performing compensated services for someone who: is regulated by the public servant's agency, has a substantial economic interest which may be affected by the performance or nonperformance of the public servant's official duty as a public employee, or has a business, financial, or contractual relationship with the public servant's agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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