| Advisory Opinion request from Cynthia Turner, a Transportation Permit Supervisor 2 with the Dept. of Transportation and Development, regarding outside business opportunities as a freight broker/agent. |
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Cynthia Turner is employed by the Louisiana Department of Transportation and Development ("DOTD") as a Transportation Permit Supervisor 2 in the Truck Permits Section of the Office of Operations. Her duties include managing, directing, analyzing, and coordinating activities related to the issuance of 28 different types of permits and selecting routes for movement of oversized and overweight vehicles. Ms. Turner also coordinates and participates in response to emergency calls for permits and to matters related to permitted loads.
Ms. Turner intends to take classes to become a licensed freight broker/agent dealing with pricing and obtaining loads not related to oversized/overweight loads subject to DOTD permitting in the Truck Permits Section. She asks whether she can start an outside business assisting independent truck drivers or companies with obtaining non-oversized/overweight loads. Ms. Turner would not be providing services to any individuals or companies that handle oversized/overweight loads.
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La. R.S. 42:1111(C)(1)(a): No public servant shall receive 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(2)(d): 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: (1) has or is seeking to obtain contractual or
other business or financial relationships with the public servant's agency; (2) conducts operations or activities which are regulated by the public employee's agency; or (3) has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1111(E)(1): No public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in the twenty principal departments of the executive branch of state government to be the office in which such public servant carries out his primary responsibilities
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.
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| Assigned Attorney: |
David Bordelon |
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