| Advisory opinion regarding the application of the post employment restrictions to Jerome Zeringue, former Chairman of the Coastal Protection and Restoration Authority and former Executive Assistant for Coastal Activities for the Governor. |
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Jerome Zeringue was employed as the Executive Director of the Coastal Protection and Restoration Authority (CPRA) until his appointment in February 2013 as the Governor's Executive Assistant for Coastal Activities. In his role as Executive Assistant for Coastal Activities, Mr. Zeringue advised the Governor on issues regarding coastal regulation and served as the Chairman of the CPRA. Mr. Zeringue resigned his positions on February 13, 2014.
Mr. Zeringue is now seeks to become an independent contractor for a private construction company and intends to consult with levee districts, parish governments and engineering firms in connection with projects that may or may not be funded by the State apart from CPRA projects.
As an independent contractor, the manner, methods and means of providing services shall be at the sole discretion and independent judgment of Mr. Zeringue. Mr. Zeringue will not be entitled to receive any benefits from the company, such as health insurance or retirement benefits, and the company will not be required to pay Social Security or other taxes. Mr. Zeringue will receive monthly compensation, which will be based on an agreed number of hours of work per week.
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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. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1121D prohibits a former public servant from sharing in any compensation received by another person for assistance which such former public servant is prohibited from rendering by Section 1121.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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