| A Request for an Advisory Opinion, submitted by Capt. Chad Guidry of the Louisiana State Police Crime Lab, concerning whether the Louisiana Code of Governmental Ethics ("Code") prohibits Supervisor Michele Smith from providing outside forensic consulting services while a civilian employee of the Louisiana State Police Crime Lab ("LSPCL"). |
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Ms. Smith is a civilian employee of the LSPCL and is the supervisor of the Crime Scene Investigations Unit ("CSIU"). Ms. Smith would like to provide forensic product consulting services, where she would examine products, supply them with her professional opinion on the product's use, and offer suggestions on enhancements. She would like to provide these services to the Lynn Peavey Company and Tri-Tech Forensics. The Lynn Peavey Company supplies products for the CSIU. Tri-Tech Forensics is contracted to provide Blood Alcohol Kits for the Toxicology Unit and DNA Collection Kits for the DNA-CODIS Unit. Ms. Smith has no association with the kits provided by Tri-Tech Forensics.
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La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
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.
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Adopt the proposed opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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