| Advisory opinion request by Dr. Bobby Matthews regarding whether the post-employment provisions would prohibit him from consulting with the Louisiana Secretary of State on the Louisiana Notary Examination after his retirement from Louisiana State University (LSU). |
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Dr. Bobby Matthews recently retired from his position as the Director of the LSU Office of Assessment and Evaluation (OAE). In this position, he supervised five full-time employees and approximately twenty contingent or temporary employees. Dr. Matthews was responsible for administering a large-scale multi-disciplinary computer-based testing program, including test administration protocols and procedures.
The Office of the Louisiana Secretary of State has contracted with the LSU Office of Sponsored Programs and LSU-OAE to develop and administer the Louisiana Notary Examination until the year 2020. Dr. Matthews previously participated in the discussions regarding the details of the services that LSU-OAE would provide to the Secretary of State while he was employed by LSU-OAE. Currently, LSU-OAE scores the examination, reports to the scores to the Secretary of State, evaluates the effectiveness of the examination, and oversees the development of an official study guide from which the examination is drawn. Dr. Matthews is now interested in consulting on questions pertaining to the content of the test, to statistical analysis of the test, and on the administration of the test. He stated that he led a unit that provided services to the Secretary of State regarding the Louisiana Notary Examination.
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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 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 the proposed opinion.
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| Assigned Attorney: |
Brett Robinson |
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