| Advisory opinion request regarding the post-employment restrictions applicable to Mr. Dan Rees, Executive Counsel for Office of Community Development, Disaster Recovery Unit (OCD-DRU). |
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Mr. Dan Rees has requested an advisory opinion regarding how the post-employment restrictions are applicalbe to him when he terminates his service as Executive Counsel for the OCD-DRU.
Mr. Rees intends to be self-employed as a solo practitioner. He will not be operating through a professional corporation, limited liability company or other juridical entity. He intends to serve as "Special Counsel" for a law firm in Lafayette through an independent contractor relationship. The firm does not have any contracts with OCD-DRU. He would like to potentially enter into agreements with state agencies (other than OCD-DRU), state boards, as well as parish governments and municipalities to provide services relating to programs and projects which may be funded in whole or in part by OCD-DRU.
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La. R.S. 42:1121A - No former agency head shall, for a period of two years following the termination of his public service as the head of such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction involving that agency or render any service on a contractual basis to or for or such agency.
La. R.S. 42:1121B - No former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, on a contractual basis to or for the agency with which he was formerly employed, any service which such former public employee had rendered to the agency during the term of his public employment.
La. R.S. 42:1102(16) "Person" means an individual or legal entity other than a governmental entity or agency thereof.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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