| Advisory Opinion Request from Michael Lee Jack, as to whether the Code of Governmental Ethics (the "Code") prohibits him from receiving royalties while he serves as an employee of Louisiana Department of Public Safety and Corrections ("DPSC"). |
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Mr. Jack currently serves as an employee of DPSC, serving as a Corrections Lieutenant Colonel for Louisiana State Penitentiary ("LSP").
He is releasing music as a recording artist, and is planning to enter into distribution agreements for his music with Broadcast Music Incorporated, who provides him royalties in connection with his music being available on iTunes, Spotify and YouTube.
He is also considering entering into distribution agreements with JPay and/or Securus Technologies (the "Corrections Distributors"). Each of the Corrections Distributors allows inmates to access music and technology, and they have agreements with DPSC and they conduct operations and activities that are regulated by LSP.
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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 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. 42:1111C(6) provides that, notwithstanding the provisions of La. R.S. 42:1111C(2)(d), a member of a school board or parish or municipal governing authority may continue employment with a person who has or is seeking a contractual or other business or financial relationship with his governmental entity or an agency under the jurisdiction or supervision of his governmental entity, provided that certain conditions are met.
La. R.S. 42:1102(2)(a) defines "agency," 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. 42:1102(17) 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(18) defines "public servant" to mean a public employee or an elected official.
La. R.S. 42:1102(25)(a) defines "thing of economic value" to mean money or any other thing having economic value.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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