| Advisory opinion request regarding whether the post-employment restrictions in Code of Governmental Ethics (Code) would prohibit Adams and Reese, LLP from employing former Executive Counsel for the City of New Orleans, Zach Butterworth, to represent clients in front of the City Planning Commission concerning short-term rentals. |
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Marshall Hevron, an attorney for Adams and Reese, LLP, requested this opinion. Mr. Hevron provided that Mr. Butterworth served under New Orleans Mayor Mitch Landrieu from 2015 to 2018. He served as Executive Counsel and Director of Intergovernmental Affairs. His service ended May 2018. Mr. Hevron stated that Mr. Butterworth did not participate in any transactions concerning short-term rentals while employed by the City of New Orleans. He added that Adams and Reese, LLP represents Home Away, a short-term rental internet platform that operates in New Orleans, and would like Mr. Butterworth to represent them relative to actions taken by the City Planning Commission after Mr. Butterworth's service was terminated by the new administration. Further, Mr. Hevron stated that the Office of Intergovernmental Affairs no longer exist as the current administration did away with Mr. Butterworth's former agency.
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La. R.S. 42:1121 (A)(1) of the Code prohibits a former agency head 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) specifically prohibits a public servant from contracting for compensation for two years after termination of their employment on any project which they participated while employed with the agency or from providing the same services that they rendered to the agency.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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