| A request for an advisory opinion, submitted by Daniel B. Loughney, concerning whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him from potentially accepting employment with third party entities after he terminates his employment with the Lake Charles Harbor and Terminal District ("District"). |
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Mr. Loughney stated that he started his employment with the District on January 3, 2006 and he is contemplating leaving his employ with the District. Mr. Loughney currently works in the District's Marketing and Trade Development Department and he is not the District's Agency Head. His responsibilities include finding and securing business for the District's Marine business and the District's Economic Development business. He accomplishes this by representing the District, at conferences and face-to-face meetings with potential customers throughout the international marine industry - which are companies looking to start business in Southwest Louisiana.
Mr. Loughney stated further that he has no negotiation authority when dealing with clients. Once a potential customer wants to do business with the District, the Executive Director of the District, the District's in-house General Counsel, or both conducts negotiations. Lease agreements or contracts are produced and then presented to the District's Board of Commissioners at its regularly scheduled monthly public meeting for approval. Once approved, the District's Board instructs the Executive Director to execute the documents.
There are a number of organizations Mr. Loughney has worked with (currently and over the years) during his forty (40) plus years in the international transportation industry. Some of his past and present customers have asked if he would be interested in going to work for them. His request for advisory opinion inquires as to whether he would be prohibited from accepting employment with one of these entities.
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La. R.S. 42:1121(B) 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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