| A Request for an Advisory Opinion, submitted by Jamea Walker regarding
whether the Louisiana Code of Governmental Ethics ("Code") would prohibit her
from starting a driving school in Donaldsonville, Louisiana while an employee
of the Louisiana Department of Public Safety and Corrections ("DOC"). |
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Ms. Walker is employed as a Probation/Parole Officer with the DOC. Ms. Walker supervises convicted felons and assists with their reintegration back into society. Ms. Walker conducts home visits, curfew checks, employment verifications, and drug screens. Ms. Walker also works with the courts and treatment facilities to find treatment and different programs that will aid in the success of the individual she is supervising. She intends to start a driving school in Donaldsonville, Louisiana.
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La. R.S. 42:1111(C)(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. 42:1111(C)(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. 42:1116 provides that no public servant shall use the authority of his office or position, directly or indirectly, in a manner intended to compel or coerce any person or other public servant to provide himself, or other person with anything of economic value.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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