| Advisory Opinion request regarding whether the Code of Governmental Ethics prohibits a Louisiana Department of Wildlife and Fisheries ("LDWF") employee from obtaining a Nuisance Wildlife Control Operator permit from the LDWF. |
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Brad Bessetti is employed with the LDWF as a Biologist/Shooting Sports Instructor in the Shooting Sports/Range Enhancement Program under Education and Outreach for the Office of Wildlife. Mr. Bessetti is assigned to the Parishes of St. Helena, Tangipahoa, Washington, St. Tammany, Livingston, Ascension, St. James, St. John the Baptist, Lafourche, St. Charles, Jefferson, Orleans, St. Bernard, and Plaquemines. In this position, Mr. Bessetii is responsible for the coordination and delivery of shooting sports programs, firearm training, and oversight over the LDWF's Honey Island Shooting Range and associated facilities in your area. He also recruits, trains, coordinates, supports, and monitors a network of volunteer shooting sports instructors for program compliance. Additionally, he presents basic to advanced firearm use and safety, outdoor skills, and shooting sports training to the public, including Archery in Louisiana Schools.
Mr. Bessetti is interested in obtaining a Nuisance Wildlife Control Operator ("NWCO") permit from the LDWF Wildlife Permits Office. The LDWF does not remove nuisance wildlife; instead, it issues NWCO permits to individuals to provide these services to the public for a fee paid by the requesting property owner. The services he would perform under the scope of the NWCO permit would be provided during his off-hours with LDWF and have no connection to his current LDWF position or job duties.
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La. R.S. 42:1113A(1)(a) provides that no public servant, excluding any legislator and any appointed member of any board of commission and any member of a governing authority of a parish with a population of ten thousand or less, or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity, and "agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean: (i) 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; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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