| Advisory opinion request regarding whether the post employment restrictions found in the Code of Governmental Ethics would prohibit Phillip Dufrene from contracting to supply professional services to the St. Charles Department of Public Works and Wastewater after his retirement as the Facilities Manager for the St. Charles Parish Department of Governmental Buildings. |
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Advisory opinion request regarding whether the post employment restrictions found in the Code of Governmental Ethics would prohibit Phillip Dufrene from contracting to supply professional services to the St. Charles Department of Public Works and Wastewater after his retirement as the Facilities Manager for the St. Charles Parish Department of Governmental Buildings. Mr. Dufrene provided that the St. Charles Parish Department of Governmental Buildings is separate from the St. Charles Department of Public Works and Wastewater. He stated that he intends to leave his public employment with the St. Charles Parish Department of Governmental Buildings in February of 2018 and he wishes to offer professional services to the Department of Public Works and Wastewater involving title searches for property within the parish upon which the Department of Public Works and Wastewater may require temporary or permanent servitude. Additionally, Mr. Dufrene provided that these services are not part of his current duties and are not performed by his Department. Further, he stated that in his current position as Facilities Manager, he has no authority over any aspect of the Department of Public Works and Wastewater.
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La. R.S. 42:1121 (A)(1) prohibits a former agency head for a period of two years following the termination of his public service as the head of 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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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