Agenda Item Docket No. 12-894   Print

RE: Advisory opinion from Chief Carlos Stout of the Carencro Police Department concerning whether a Chief of Police for a municipality can work private security details within his jurisdiction. Facts: Based on the growth of the Carencro area (as well as other areas around the state) private businesses request paid off duty commissioned police officers to work at area businesses. In such situations the business owner pays the officer working a set hourly rate which is equal to all officers regardless of rank/supervision. In certain circumstances, because of a shortage of officers, the Chief of Police may be needed to fill a vacancy to honor the business's request. Scheduling for such off duty details is administered by the Assistant Chief and command staff. Some examples of events/venues that need security detail include shopping centers, football games, community/civic centers, as well as traffic details. According to the advisory opinion request Chief Stout seeks the Board's advice as to whether the Chief of Police could take part in such details since he/she would not have a "substantial economic interest" which is of greater benefit to the public servant than to a general class or group of persons. Comments: Please see BD Nos. 2006-169 (in the Matter of Carlos James Stout) & 2010-018 (Advisory Opinion requested by Chief Stout) Law: Section 1111C(1)(a) prohibits a public servant from receiving any thing of economic value from any service which is devoted substantially to the responsibilities, programs, or operations of the public servant's agency. Section 1123(15) permits duly commissioned law enforcement officers to provide private security services, which are approved by and in accordance with a police of their public employer. The policy of the public law enforcement body must be published in the official jornal of the parish and provide for the use of public vehicles for private employment. Section 1112A of the Code prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest. Recommendations: Adopt proposed advisory opinion. Assigned Attorney: Brent Durham ATTACHMENTS: Description: Advisory Opinion Request Advisory Opinion Draft BD No. 1980-030 (Before 1123(15) exception Bd ruled officers may provide detail and chief may not) BD No. 1993-101 (Police chiefs may not render off-duty security services) BD No. 1999-129 (Harahan Police Chief may not work security details) BD No.1999-473 (1123(15) exception applies to Police Officers and excludes Police Chief) BD No. 2002-010 (Private security services by Homer Police Chief were violation of Code) BD No. 2005-306 (Kinder PD _ receiiving grant funds for private security) BD No. 2006-169 (In the Matter of Carlos James Stout) BD No. 2009-094 (1123(15) creates exception for Officers excluding Police Chief) BD No. 2010-788 (Natchitoches PD _ 1112 Analysis for details with public funds) BD No. 2010-018 (Section 1112 Analysis on Police Details using Public Funds) La. AG Op. No. 12-0009 (Chief of Police may engage in private employment so long as not violation of Code of Ethics) La. R.S. 33:423 La. Atty. Gen. Op. No. 03-0048 (Sheriff may not operate business of law enforcement nature) La. R.S. 14:140