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Advisory opinion regarding whether Shelley Anderson, a Lieutenant with the Bossier City Marshal's Office, may provide outside consulting services to private clients in civil matters. |
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Shelley Anderson is a Lieutenant with the Bossier City Marshal's Office. Ms. Anderson's duties include working with the Northwest Louisiana Internet Crimes Against Children Task Force ("ICAC TF") as well as with the Bossier City Marshal's Cyber Crime Unit. Both units collaborate with other law enforcement agencies to investigate electronic crimes including the arrest and prosecution of those who prey on children.
The data retrieval related to her employment is limited to criminal cases only. Ms. Anderson's prior military service and prior training as well as her work with the ICAC TF has helped her develop certain skills related to the retrieval and recovery of data from computers, smart phones, tablets and other related computer media.
Ms. Anderson has been requested to provide private consulting services to clients in civil matters providing forensic analysis consulting services. These matters would include divorces and civil insurance cases involving bodily injury claims.
Ms. Anderson states that the provision of these private consulting services would not be substantially related to the duties and responsibilities, programs, or operations of the Bossier City Marshal's office and in which she has participated. Further, none of her clients have or will seek any contractual, business or financial relationships with the Bossier City Marshal's office; nor will her clients conduct operations or activities that are regulated by the office; or have a substantial economic interest that may be affected by the performance or nonperformance of her official job duties with the office.
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La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving 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) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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