| Advisory opinion request by Robert Barbor, former general counsel for the Housing Authority of New Orleans, regarding whether he is considered an agency head or public employee when applying the post-employment provisions in La. R.S. 42:1121. |
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Robert Barbor retired from his position as the general counsel for the Housing Authority of New Orleans on March 31, 2018. As general counsel, he was the chief legal officer for the agency and reported directly to the executive director. He was a full-time employee working forty hours a week who supervised two attorneys, an office administrator, and a paralegal.
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La. R.S. 42:1102(3) provides that "Agency head" means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1121A provides that No former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) provides that No former public employee shall, for a period of two years following the 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 proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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