| A request for an advisory opinion, submitted by Lehman Raphael, concerning whether the Louisiana Code of Governmental Ethics prohibits him from accepting a consulting opportunity with Adcomp System Group after serving as the City Clerk for the City of St. Gabriel. |
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Mr. Raphael was employed as the City Clerk for the City of St. Gabriel from July 1, 2011 through October 5, 2018. As the St. Gabriel City Clerk, his job duties included being the custodian of all municipal records; recording all the council minutes, ordinances, and contracts; operating as the council clerk; being the custodian of the municipal seal; serving in roles as manager of business operation; performing internal auditor and the city's financial budget manager functions; and, and all other duties/tasks assigned by the Mayor. As the City Clerk, he did not possess the authority to approve contracts. On January 25, 2016, the St. Gabriel City Council approved a contract for the new utility software system provided by Adcomp Systems Group. As City Clerk, Mr. Raphael assisted with the transition to the Adcomp billing system from the previously used billing system.
If Mr. Raphael was to join Adcomp System Group, his consulting duties would include providing business consulting and deliverables in the areas of Strategic Planning, Program Management, Operational Management, and Sales Management. None of Mr. Raphael's consulting duties would include providing services to the City of St. Gabriel.
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La. R.S. 42:1121A(1) provides 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 former agency or render any service on a contractual basis to or for such agency.
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.
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Adopt the proposed opinion
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| Assigned Attorney: |
LaToya D. Jordan |
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