| Advisory opinion regarding the application of La. R.S. 42:1123(22) to Troy Trahan, a former member of the Town of Lake Arthur Council, within two years of the termination of his office. |
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Troy Trahan is a former member of the Town of Lake Arthur Town Council. The Town of Lake Arthur has a population of less than 5,000. Mr. Trahan owns 49% of Trahan Construction Company. Mr. Trahan is aware of the post-employment restrictions contained in R.S. 42:1121, which apply for two years following the termination of his office. However, he seeks an opinion on whether the narrow exception contained in R.S. 42:1123(22), which provides that a Mayor or a member of a governing authority of a municipality with a population of 5,000 or less, or a legal entity in which he has a controlling interest, may enter into any transaction that is under the supervision or jurisdiction of the municipality subject to a plan submitted to the Board for approval, is applicable to you as a former councilman.
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La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B provides 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 the 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.
La. R.S. 42:1121A(2) prohibits a former member of a board for a period of two years from contracting with, being employed in any capacity by or being appointed to any position by his former board.
La. R.S. 42:1123(22) provides that any mayor or member of a governing authority of a municipality with a population of five thousand or less, or legal entity in which he has a controlling interest, from entering into any transaction that is under the supervision or jurisdiction of the municipality provided that the transactions are under the supervision or jurisdiction of the municipality and the municipality submits a plan to the Board of Ethics for approval in accordance with this Section.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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