| Advisory opinion regarding how the post employment restrictions effect Ms. Yolanda Rodriguez, the former Executive Director of the New Orleans City Planning Commission. |
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On June 11, 2013 Ms. Rodriguez terminated her services as the Executive Director of the New Orleans City Planning Commission (CPC). In July 2013 she founded Allied Planning Group, LLC (Allied). Allied is a consulting firm specializing in regulatory compliance and land use planning.
Ms. Rodriguez stated that she assists businesses, property owners and developers with obtaining building permits, final inspections, occupational licenses, and zoning approvals for all types of construction projects for properties located in the Greater New Orleans Area and the surrounding parishes.
Ms. Rodriguez further provided that as the Executive Director of the CPC, she provided analysis and recommendation to the City Council on matters dealing with the present and future development of the City in accordance with the goals and policies of the City's Master Plan. She further stated that part of her job included reviewing, approving and recommending to the City Council on matters regarding zoning, text amendments to the zoning ordinance, appeals and subdivisions. Ms. Rodriguez stated that part of her job was to supervise the activities of the Board of Zoning Adjustments (BZA). The BZA hears and makes final decisions on requests for variances from the requirements of the Comprehensive Zoning Ordinance and considers appeals of decisions by the Directors of Safety and Permits.
In particular, Ms. Rodriguez asked whether she is prohibited from providing the following services:
1) Conduct historical research for clients on real property located in Orleans Parish to determine if restrictions or permitting violations exist;
2) Prepare property analysis and provide feedback on preliminary site plans to identify a property's development potential;
3) Assist clients with preparation of zoning, appeals and subdivision requests requiring and advisory recommendation and legislative action;
4) Serve as the agent of record for clients requiring land use decisions and appear on their behalf at public meetings before the CPC, BZA and the New Orleans City Council.
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La. R.S. 42:1121A(1) prohibits a former agency head from assisting another person for compensation, in a transaction, or appearance in a connection with a transaction, involving that agency or rendering any service on a contractual basis to that agency.
La. R.S. 42:1121B(1) General rule for other public employees. No former public employee shall, for a period of two years following 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, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to for, or on behalf of the agency with which he was formerly employed.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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