| Advisory Opinion request from Damon C. Morris, Ph.D., with the Dept. of Wildlife & Fisheries, Marine Fisheries Division. |
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Damon Morris is employed as a Business Development Officer III within the Marine Fisheries Division of LDWF. Mr. Morris reports to a Director within the Marine Fisheries Division. His employment is set to end on December 31, 2018.
The State of Louisiana is the legal owner of the sustainable fisheries and seafood program ("Sustainability Program"), with LDWF acting as the administrator. LDWF previously entered into an agreement with the Audubon Nature Institute, a private, non-profit organization, to administer the Sustainability Program. LDWF has determined that it will no longer administer the Sustainability Program. Upon the termination of the agreement with the Audubon Nature Institute on December 31, 2018, LDWF's participation in the Sustainability Program and any related activities will be limited to its mandate of managing fisheries and providing data and information on those fisheries as required.
In light of LDWF's decision, seafood industry members on the Louisiana Seafood Marketing and Promotion Board ("Seafood Board") have expressed an interest in administering the Sustainability Program. The Seafood Board is under the Louisiana Department of Culture, Recreation, and Tourism, within the Office of the Lieutenant Governor. The Seafood Board was created by Act 890 of the 1991 Legislature and is governed by La. R.S. 56:578.2, et seq. In addition, private stakeholders, including the Audubon Nature Institute, have indicated a desire to further the sustainability initiatives. Since the State of Louisiana is the legal owner of the Sustainability Program, any new initiatives would require a new agreement.
In the event a private entity assumes operations of a new Sustainability Program, Mr. Morris is interested in rendering services to the private entity. As part of those services, he may be required to interact with various LDWF scientists and managers in order to obtain the data required for certifications from third-parties.
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La. R.S. 42:1121B provides 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 the 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.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity or agency thereof.
La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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