| Advisory opinion request from Richard Campbell, an attorney for GCR Inc. (GCR), regarding post-employment issues. In particular, GCR is seeking Board approval for GCR's Independent Contractor Agreement with former St. Tammany Parish public servant, Dayna Williams. |
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Mr. Campbell stated that GCR is a professional consulting company, which provides services to numerous public, non-profit, and private entities. Mr. Campbell provided the following facts:
Ms. Williams worked for St. Tammany Parish in the Legal Department, Property Division, from July 2009 through December 2015. Ms. Williams' last title at St. Tammany Parish was Property Coordinator. Ms. Williams' duties generally included directing the division on operational and budgetary matters, providing staff development and oversight, and coordinating tasks necessary for the acquisition of rights of way including title, negotiations, closings and federal/state program compliance. Ms. Williams participated in some capacity on the St. Tammany Parish Cultural Arts Project (right of entry documentation work) and on the St. Tammany Parish River Glen Drainage Project (internal file management, email correspondence, and the like during early stages), among other projects. GCR is currently performing work for St. Tammany Parish in connection with the St. Tammany Parish Cultural Arts Project and the St. Tammany Parish River Glen Drainage Project, as well as work related to create digital views of lots in St. Tammany Parish for the Assessor's Office. GCR has performed other work for St. Tammany Parish in the past and hopes to perform other work for St. Tammany Parish in the future.
GCR would like to contract with Ms. Williams to have Ms. Williams perform title research, preparation of abstracts of title, and related work in connection with right of way services GCR offers from time to time. GCR will use an Independent Contractor Agreement for Ms. Williams' services. GCR will ensure that Ms. Williams, within two years of her termination of public service, (a) does not assist GCR in any transaction or appearance in connection with any transaction in which she participated during her employment with St. Tammany Parish, and (b) does not render to St. Tammany Parish through GCR any services previously rendered to St. Tammany Parish during Ms. Williams' employment with St. Tammany Parish. GCR will pay Ms. Williams' compensation based on the number of hours worked.
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La. R.S. 42:1121B No former public employee shall, for a period of two years following the termination of her public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which she participated at any time during her public employment and involving her former governmental entity, by which she was formerly employed, or for a period of two years following termination of her public employment, from rendering any service which she had rendered to the agency during the term of her public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of her former agency.
La. R.S. 42:1121C prohibits a legal entity in which the former public servant is an officer, director, trustee, partner or employee, 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, involving that agency or rendering any service on a contractual basis to that agency.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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