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Advisory opinion request from Mr. Russell Madere, a Lieutenant with the Terrebonne Parish Sheriff's Office, as to whether: 1.) his private business (The Drug Testing Place of Houma) may use various websites to conduct background checks in his private business, and 2.) the results of drug testing conducted by his business may be used in court. |
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Mr. Madere is a fifty percent co-owner of a drug testing collection site, The Drug Testing Place of Houma. Mr. Madere is also employed with the Terrebonne Parish Sheriff's Office and is currently assigned as lieutenant in the Narcotics Division.
Mr. Madere states that his business is not related to his duties or operations as a law enforcement officer. His business serves the offshore oil and construction industry along with divorce attorneys in the private practice. Further, he states that the companies he provides collections for are not persons who conduct activities regulated by his law enforcement agency. The persons who come in for drug testing do not have an economic interest that may be affected by the performance of his job duties as a law enforcement officer since he states that he does not, under any circumstances, associate his duties as a law enforcement officer with his personal business. Moreover, his business does not enter into a business relationship or receive income from persons or companies in which his law enforcement agency has a business, contractual or other financial relationship nor will he be using databases and/or websites that he has access to strictly because of his employment with the Sheriff's Department for his personal business. Finally, he states that if anyone is referred for drug testing as ordered by the court as a result of a narcotics related arrest, that his business will not provide a collection in that matter.
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Section 1111C(2)(d) of the Code states that a legal entity of which a public servant owns an interest greater than twenty-five percentshall not receive any thing of economic value for or in consideration of services which are performed for or compensated by a person from whom the public servant is prohibited from receiving a gift under Section 1115(A)(1) or (B) of the Code.
Section 1111C(1)(b) of the Code states that no public servant shall receive any thing of economic value for any service, the subject matter of which draws substantially upon official data or ideas which have not become part of the body of public information.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brent Durham |
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