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Last modified
7/12/2021 2:13:22 PM
Creation date
9/26/2013 4:31:57 PM
Metadata
2013-1092
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2013-1092
Requesting Party
Fred Martinell II
Parties Involved
Louisiana State Trooper
Elite Driving Academy
Office Of Motor Vehicles
Decision Date
9/20/2013
Law
R.S. 42:1112
R.S. 42:1111C(1)(a)
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit a Louisiana State Trooper from teaching certified driving courses at his wife's driving academy. However, he may not refer individuals that he deals with as a State Trooper to the driving academy.
Ethics Subject Matters
Participation
Prohibited Transactions
Prohibited Sources
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STATE OF LOUISIANA <br /> �ov Lo' DEPARTMENT OF STATE CIVIL SERVICE <br /> .'4' ff`'���9 e LOUISIANA BOARD OF ETHICS <br /> J' 'I •1 P.O.BOX 4368 <br /> �,L4, i BATON ROUGE,LA 70821 <br /> o (225)219-5600 <br /> ..r '' <br /> FAX:(225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.state.la.us <br /> September 24,2013 <br /> Fred Martinell, II <br /> Elite Driving Academy <br /> 307 E. Minnesota Park Drive <br /> Hammond, LA 70403 <br /> RE: Ethics Board Docket No.2013-1092 <br /> Dear Mr. Martirnell: <br /> The Louisiana Board of Ethics, at its September 20, 2013 Board meeting, considered your request for an <br /> advisory opinion regarding whether you,as a Louisiana State'Trooper,may teach certified driving courses at <br /> your wife's driving academy, Elite Driving Academy. You state that you are a State Trooper and your wife <br /> has opened in Elite Driving Academy and OMV approved driver's education school. The school is <br /> designed to teach teenagers and people who have never had a driver's license the basic rules and regulations <br /> of the road and to better prepare them for driving. You would like to become a certified instructor at the <br /> school. You state that you are not under contract with the school and will receive no compensation from <br /> the school. <br /> The Board concluded, and instructed me to advise you that the Code of Governmental Ethics will not <br /> prohibit you from teaching certified driving courses at the Elite Driving Academy. Section 1112 prohibits a <br /> public servant from participating in a transaction in which he, an entity in which he is employed, or an <br /> immediate family member has a substantial economic interest. Section 1111C (1) (a) prohibits a public <br /> servant from performing services which are substantially related to the programs and operations of the <br /> public servant's agency. It does not appear that you, as an instructor for the driving academy, will be <br /> performing services that are devoted substantially to the Louisiana State Troopers. However, Section 1112 <br /> of the Code will prohibit you from referring individuals that you deal with as an employee of the Louisiana <br /> State Police Department to the Driving Academy. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may <br /> result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as to <br /> past conduct; or laws other than the Code of Governmental Ethics. If you have any questions, please <br /> contact me at(225) 219-5600 or(800) 842-6630. <br /> Sincerely, <br /> •UISIANA.BOARD OF ETHICS <br /> i 1 .; <br /> :\ <br /> 9. <br /> Aneatra P. Bpykin 91,....... <br /> For the Board <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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