| Advisory opinion request from Jay Guillot, a former member of the Board of Elementary and Secondary Education (BESE), regarding whether La. R.S. 42:1113D(3)(a) would prohibit Hunt Guillot and Associates (HGA) from responding to Request For Proposals (RFP's) that may arise before the expiration of one year from the termination of Mr. Guillot's public service. |
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Mr. Guillot provided that he is a former member of BESE and he owns in excess of 5% of HGA. He stated that HGA would not enter into any contracts prior to the expiration of one year from the termination of his public service on BESE. However, he would like to confirm that HGA may submit a proposal to an RFP within one year of the termination of his public service. HGA is considering submitting a proposal before the end of the year to an RFP which may issue by the Office of Community Development in the Division of Administration. These proposals would not be submitted to BESE.
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La. R.S. 42:1113D(3)(a) provides generally that no person who formerly served on the State Board of Elementary and Secondary Education nor his spouse nor any legal entity of a person shall, for a period of one year following the termination of the public service of such person enter into a contract that would have been prohibited by La. R.S. 42:1113 D(1)(a)(i) prior to the termination of the public service of such person.
La. R.S. 42:1113 D(1)(a)(i) provides that no person identified in Item (ii) of this subparagraph or the spouse of such person nor any legal entity of a person shall enter into any contract with state government.
La. R.S. 42:1113 D(1)(a)(ii)(qq) Each member of the State Board of Elementary and Secondary Education
La. R.S. 42:1113D(1)(a)(iii) For the purposes of this Subsection, "legal entity of a person" means any corporation, partnership, or other legal entity in which the person identified in item (ii) of this Subparagraph or the spouse of such person owns an interest greater than five percent, ...
La. R.S. 42:1121A(1) prohibits a former elected official, for a period of two years following the termination of his public service as an elected official serving in such agency, 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. 42:1121 B(1) provides that 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. La. R.S. 42:1121C provides that no legal entity in which the former public servant is an officer, director, trustee, partner or employee shall, for period of two years following the termination of his public service, from assisting another person for compensation, in a transaction, or appearance in a connection with a transaction in which such public servant at any time participated during his public service and involving that agency by which he was formerly employed or in which he formerly held office.
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Adopt draft advisory opinion
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| Assigned Attorney: |
Suzanne Mooney |
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