| Advisory opinion request regarding whether Kelli Rogers, an employee of the Louisiana Department of the Treasury, would be prohibited from accepting a position with the Municipal Employees' Retirement System. |
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Kelli Rogers is currently employed as an Investment Operations Officer in the Investments Division (Division) of the Louisiana Department of the Treasury (Department). All of the employees of the Division, including Ms. Rogers, have been authorized to serve as a designee of State Treasurer John Kennedy on any of the state and statewide retirement boards of which he serves as a member. While Ms. Rogers has been named as a designee of State Treasurer Kennedy to the Board of Trustees of Municipal Employees' Retirement System (MERS), she has never been required to attend a MERS meeting or to serve as a board member in any capacity during her employment with the Department.
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MERS was created pursuant to Act 356 of the 1954 Regular Legislative Session.
In BD 03-969, the Board concluded that Cooper Harrell, an Assistant Treasurer with the Department, would not be considered a board member of a retirement system of which he occasionally attended meetings as a designee of the State Treasurer, for the purposes of La. R.S. 42:1121A(2).
In BD 04-149, the Board concluded that Warren Ponder would be considered a board member of the School Employees' Retirement System, for the purposes of La. R.S. 42:1121A(2), because he regularly attended meetings as the designee of one of its ex officio members.
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La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Haley Williams |
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