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Advisory opinion request regarding whether the Kelly Lawrence, owner of Public Safety Innovations (PSI), who is also a supervisor with the Louisiana State Office of Probation and Parole may sell alcohol and drug testing equipment devices to local sheriff's offices, police departments, and parish/city jails. |
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PSI is a consulting company which primarily provides consulting, employment, and pre-employment services and products primarily to direct care providers (e.g. nursing homes, home health, etc.). Recently, the company has been approached by different sheriff's offices and police departments requesting to purchase drug testing devices and for PSI to provide ethical decision making training to the agencies.
Mr. Lawrence states that in his position as supervisor with the LA Office Probation and Parole that he neither has control or involvement over the operations or funding of any of the facilities who would like to purchase products/services from PSI. If PSI were to enter into a contract with a local sheriff/police department or city/parish jail it would in no way be under the supervision or jurisdiction of the LA Office of Probation and Parole. Further, Mr. Lawrence states that while it is a duty of the LA Office Probation and Parole to facilitate drug testing, that the drug testing is only for offenders who are under the Office of Probation and Parole's supervision. The Sheriff/Police purchase drug testing kits from various businesses such as PSI to use on their employees (for pre-employment and random screenings) and on local inmates.
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Section 1111C(1)(a) of the Code prohibits a public servant from receiving a thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operation of the agency of the public servant and in which the public servant has participated.
Section 1112 of the Code prohibits a public servant from participating in any transaction involving his governmental entity in which the public servant or any person in which he has a substantial economic interest has an interest.
Section 1113A of the Code prohibits a public servant or a legal entity in which he has a controlling interest from bidding on or entering into a contract, subcontract, or other transaction that is 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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