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Advisory opinion regarding outside employment opportunities of Mr. Wilbourne Anderson while he serves as a Lt. Colonel at the BB Sixty Rayburn Correctional Center (RCC). |
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Mr. Anderson has been employed by RCC, Department of Corrections for the past twenty eight years where he currently serves as a Lt. Colonel for administration. He is supervised by a Colonel, who receives supervision from the wardens.
Mr. Anderson stated that he is seeking approval for outside employment wherein he (or members of his immediate family) would be installing ignition interlock devices (i.e. installing breathalyzers in the vehicles of persons who have a DWI and are required to have the device by court order). The device he will be installing is manufactured by Smart Start, a company out of Houma. Smart Start is not involved, nor do they receive funding from the Department of Corrections in any way. Mr. Anderson will be installing the devices on a part-time basis. The company does make ankle bracelets as well (which are routinely used by persons on probation), but he will only be installing the breathalyzers.
Mr. Anderson is not seeking to obtain a contractual, business, or financial relationships with the RCC or the Department of Corrections. Further, the business endeavor is located outside of his parish of employment and any compensation earned and received would be based on labor performed for individuals with private funds. Customers receiving his service would not be referred by a governmental entity and their business would simply be based on their choice to have him install the devices. Finally, the services he will be providing installing breathalyzers are not in any way "devoted substantially to the responsibilities, programs, or operations of his agency."
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Section 1111C(1)(a) states that no public servant shall receive anything 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.
Section 1113A(1)(a) states that a public servant may not bid on, or enter into, a contract, subcontract, or other transaction under the supervision or jurisdiction of 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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