| A Request for an Advisory Opinion, submitted by Dr. Wade Rousse, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit the McNeese State University Foundation ("Foundation") from hiring Richard H. Reid (the former Vice President for University Advancement and current Senior Assistant to the University President) once he retires from McNeese State University ("McNeese"). |
|
Richard H. Reid is a state employee whose salary is paid by McNeese. Mr. Reid is the former Vice President for University Advancement at McNeese and Executive Vice President for the Foundation, having left both positions on June 30, 2020. In these roles, Mr. Reid reported directly to the University President and his responsibilities included: 1) Planning, directing, and managing all activities and professional staffing in the advancement, alumni relations, and Banners program areas; 2) Developing and managing total budgetary needs for these programs with fiscal reporting responsibilities as directed by the President; 3) Taking overall responsibility for the University's donor relations programs, including the planning and staffing of all donor cultivation efforts; 4) Serving as primary staff to the University President with regard to philanthropic support and public affairs; 5) Serving as a member of the executive staff; 6) Serving as primary role in the cultivation and solicitation of major donors to the University; 7) Providing executive leadership in the planning and implementation of the proposed Capital Campaigns; and, 8) Advising fundraising efforts in support of Athletics. Mr. Reid currently serves as Senior Assistant to the University President and plans to retire on December 1, 2020.
Upon his retirement, the Foundation would like to hire Mr. Reid to cultivate and solicit senior donors, as well as build relationships between the new Vice President and current donors. Mr. Reid would no longer have decision making authority or be involved in financial decision making. However, if hired by the Foundation, Mr. Reid's duties and responsibilities would be similar, if not identical to, his duties and responsibilities as a public servant.
|
|
La. R.S. 42:1121(A)(1) 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 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. 42:1121(B) 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 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. 42:1121(C) provides that 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 his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
LaToya D. Jordan |
|
|