Could a Criminal Justice Academy instructor run a private security-system business off duty?

Official title

As to whether a staff member at the South Carolina Criminal Justice Academy (the “Academy”) may lawfully engage in a private business during his or her free time.

Requester

Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

Plain-English summary

The Criminal Justice Academy's counsel asked whether an instructor, who was also a certified law-enforcement officer, could sell private security systems during personal time while complying with the academy's outside-employment policy. The Attorney General said it knew of no state law absolutely prohibiting a staff member from that off-duty work. It did not decide whether this particular business arrangement complied with the State Ethics Act.

The opinion was brief and directed the requester to the State Ethics Commission for that separate ethics question. It described proposed sales to healthcare, hospitality, and education providers, rather than law-enforcement agencies.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was the academy instructor categorically barred from operating the described business? A: The office said it was unaware of any state law imposing an absolute ban.

Q: Did the AG approve the instructor's business under ethics law? A: No. It suggested consulting the State Ethics Commission to ensure compliance with the Ethics Act.

Background and statutory framework

The request assumed compliance with the academy's outside-employment policy and described off-duty sales of security products. The office answered only the absolute-prohibition question and left application of the ethics rules to the commission.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-17-2014/
• Original PDF: https://www.scag.gov/wp-content/uploads/2014/04/duncan-b-a-os-9730-4-17-14-staff-member-cja-private-business-00312502xD2C78.pdf

Original opinion text

ALAN WILSON

A TIORNEY GENERAL

April 17, 2014

Brandy A. Duncan, Esquire
General Counsel
South Carolina Criminal Justice Academy
5400 Broad River Road
Columbia, S.C. 29212
Dear Ms. Duncan,
You seek an opinion of this Office as to whether a staff member at the South Carolina Criminal Justice Academy (the "Academy") may lawfully engage in a private business during his or her free time. By way of background, you state: I request an opinion as to whether it would be lawful for a staff member of the [Academy], who is in compliance with the Academy's outside employment policy, to engage in a private business during personal time selling private security systems. The Academy does not sell or provide security systems, such as automated systems, video systems, etc .... The security system(s) that might be sold would provide safety and security solutions for healthcare, hospitality, and education providers (not law enforcement), including, radio frequency identification, real-time locating system technologies, vulnerability assessment, target hardening techniques, threat training, bullying prevention, and mobile panic buttons. After further discussion, it is our understanding the staff member is an instructor at the Academy and a certified law enforcement officer in that capacity.

Law/Analysis
We are not aware of any State law which absolutely prohibits a staff member of the CJA from engaging in such off-duty work. However, you may wish to consult the S.C. State Ethics

REMBERT

c. DENNIS BUILDING • POST OFACE Box 11549 • COLUMBIA, SC 29211-1549 • TELEPHONE 803-734-3970 • FACSIMILE 803-253-6283

Ms. Duncan
Page 2
Apri I I 7, 20 14

Commission to ensure that the staff member at issue conducts any such private business in compliance with the provisions of the State Ethics Act, S.C. Code§ 8- 13-1 00 et seq.

Si: cerely, ~

!::t-5---=-HatTison D. Brant
Assistant Attorney General

REVIEWED AND APPROVED BY:

YobertD.COOk
Solicitor General