| Advisory opinion regarding whether Wesley Johnson may continue as adjunct professor with the Department of Family and Child Studies in the School of Human Ecology in the College of Applied and Natural Sciences at Louisiana Tech University if Escamilla & Poneck, L.L.P. enters into a contract to provide legal services to Louisiana Tech University and Ms. Johnson is an employee of Escamilla & Poneck, L.L.P. |
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Wesley Johnson is employed as adjunct professor with the Department of Family and Child Studies in the School of Human Ecology in the College of Applied and Natural Sciences at Louisiana Tech University. Ms. Johnson has also taught the online Domestic Violence Certification course within the Department of Human Ecology and was assigned two student interns. Ms. Johnson is also employed with the Escamilla & Poneck, L.L.P. law firm.
Louisiana Tech University is seeking to contract with the Escamilla & Poneck, L.L.P. law firm to have its legal counsel available on an as-needed basis to assist with specialized legal issues that are unique to higher education.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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