Meetings
 
Agenda Item
Docket No. 19-1302
 
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RE:
Advisory Opinion request from Megan K. Terrell, former Deputy Director for the Governor's Office of Coastal Activities, related to post-employment restrictions.
Facts:
Megan Terrell was employed by the Governor's Office of Coastal Activities from February 2016, until January 3, 2020. She most recently held the position of Deputy Director. In her positions as Legal Advisor and Deputy Director, Ms. Terrell's duties included advising the Office of Coastal Activities on policy and legal issues related to integrated coastal protection programs and projects; representing the policy of the state at the federal, state, regional, and local levels; drafting, monitoring, and reviewing legislation with respect to policies and programs relative to integrated coastal protection; and other responsibilities as provided for in La. R.S.49:214.3.1.

In addition to her general duties, Ms. Terrell advised on projects and programs implemented by the Coastal Protection and Restoration Authority ("CPRA"), such as the Mid-Barataria and Mid-Breton Sediment Diversion Projects; outcome-based performance contracting; natural resource damage restoration banking; legislative efforts affecting CPRA; and other Deepwater Horizon settlement related issues, including Restore Act projects and the Louisiana Trustee Implementation Group's ("LA TIG)" natural resource damage assessment restoration planning. While she provided advice related to these issues, she was not employed by CPRA and held no supervisory authority over the CPRA staff.

Ms. Terrell is now employed as a non-equity partner with the law firm of Plauché & Carr, who has a contract for professional legal services with CPRA through which they provide legal advice, research, analysis, and counseling regarding environmental regulatory and compliance issues, natural resource damage restoration banking, and restoration planning issues related to LA TIG project implementation, including the Mid-Barataria Sediment Diversion. Plauché & Carr provides the services directly to CPRA and does not assist another client with transactions involving CPRA or the Governor's Office of Coastal Activities. Plauché & Carr does not have a contractual relationship with the Governor's Office of Coastal Activities. As a non-equity partner, Ms. Terrell is an employee of the law firm and would not share in the receipt of compensation derived from any CPRA contracts.

Law:
La. R.S. 42:1121B: 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.

La. R.S. 42:1121C: No legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during her public service and involving the agency by which she was formerly employed.

La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.

La. R.S. 42:1102(2)(a)(iii) defines "agency" for public servants in the office of the governor to mean their respective offices.

La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee.

Recommendations:
Adopt the proposed advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2019-1302 - Advisory Opinion Draft
2019-1302 Request for Opinion