| Request for an advisory opinion from Lt. John Stelly, Louisiana State Police - Troop B, whether he can accept outside employment from Northwestern University Center for Public Safety. |
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Lt. John Stelly is employed by the Louisiana State Police as the Executive Officer of Troop B. Lt. Stelly has been a State Trooper since 1995 and has been in his current position since 2013. The duties associated with the Executive Officer position include the following:
- Process and maintain evidence seized by Troop B troopers.
- Issue and maintain inventory of all equipment issued to Troop B troopers.
- Oversee Troop B's LACE program.
- Oversee Troop B's escort and traffic detail.
- Gather administrative and logistical data to support the mission of Troop B.
- Coordinate repairs to all Troop B facilities and equipment.
- Supervise the purchase of new equipment for Troop B.
- Coordinate all supply logistics during emergencies.
- Supervise 9 employees at Troop B.
Lt. Stelly would like to be employed by Northwestern University Center for Public Safety ("NUCPS") a division of Northwestern University, a public entity of the State of Illinois, and would be paid for each class taught. Lt. Stelly would maintain his employment with the Louisiana State Police, however his employment with NUCPS would not conflict with his hours working for the State Police.
Lt. Stelly's duties with NUCPS would include teaching crash investigation oriented classes to personnel of various agencies, including law enforcement outside and within the state of Louisiana, including the Department of Public Safety that includes Troop B. Classes for State Police personnel would be paid by the Department of Public Safety and Lt. Stelly would have no involvement relative to who would take classes.
Teaching classes is not included as one of the duties of the Executive Officer, nor will the material used to teach the classes be a product of the Department of Public Safety, Louisiana State Police, or Troop B, but will be a work product of NUCPS.
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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(1)(b) prohibits a public servant from receiving 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.
La. R.S. 42:1111C(2)(d)
provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by 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 obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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