| Advisory opinion request regarding whether the post-employment restrictions found in the Code of Governmental Ethics would prohibit former St. Landry Parish Councilman Mr. Ronald E. Buschel from being hired to serve as the District Five Public Works Director for District Five Public Works Commission of St. Landry (Commission). |
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Chairwoman Fogelman requested an advisory opinion regarding whether the post-employment restrictions found in the Code of Governmental Ethics would prohibit former St. Landry Parish Councilman Mr. Ronald E. Buschel from being hired to serve as the District Five Public Works Director for the Commission. Mr. Buschel's public service as St. Landry Council Member for District 5 ended on January 10, 2016. In accordance with La. R.S. 48:600A and B, the St. Landry Parish Council created the Commission and appoints the members to the Commission. However, La. R.S. 48:600.1D provides that the Commission is a political subdivision of the State and not St. Landry Parish. Additionally, La. R.S. 48:600.1(C)(3) empowers the Commission to hire such assistants as are needed to assist the board in the performance of its duties. Chairwoman Fogelman stated that the Commission would like to hire Mr. Buschel for compensation to assist them as the Director of the District. She provided that the Parish Council would not participate in any way in his employment with the Commission. Additionally, the Commission is funded by a tax millage.
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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. 48:601A. Notwithstanding any provisions of law to the contrary, specifically R.S. 48:578, 579, 581, 583, and 588, District Five Road Commission of St. Landry Parish, hereinafter referred to as the "commission", is hereby created. The boundaries of the commission shall be coterminous with the boundaries of Police Jury District Number Five of St. Landry Parish. The commission shall be governed by a board of commissioners and shall be known as the Board of Commissioners of District Five Road Commission of St. Landry Parish, hereinafter referred to as the "board".
La. R.S. 48:601B.(1) The commissioners of the board shall be appointed by the governing authority of the parish of St. Landry. The governing authority shall appoint one member from each of the thirteen precincts within Police Jury District Five who shall be a resident of such precinct. The governing authority of the parish shall attempt to achieve a racial balance when appointing the commissioners to the board.
La. R.S. 48:600.1D.(1) The commission shall be considered a political subdivision of the state of Louisiana, and is granted and shall have all the powers necessary to construct, acquire, operate, and maintain roads, bridges, and road drainage facilities in the parish1, and without limitation, shall have all the rights, powers, and authority enumerated for road districts in Part II of Chapter 2 of Title 48. In addition, and without limitation, the commission shall have the following powers:
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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