| Advisory opinion request concerning post-employment restrictions that would apply to Virginia Benoist, a former Assistant Attorney General. |
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Virginia Benoist resigned from the Attorney General's Office with the Louisiana Department of Justice on June 29, 2012. She was formerly assigned as an inter-agency transfer Assistant Attorney General to the Commissioner of Insurance and the Department of Insurance and provided legal services in areas which included civil service, management and finance, disasters and emergency preparedness, health and licensure regulation, enforcement, compliance and fraud, information technology, public records and records management, and the drafting of legislation. Ms. Benoist's salary was paid by the Attorney General's Office, and the Department of Insurance reimbursed the Attorney General's Office for her legal services. During her employment with the Attorney General's Office Ms. Benoist was not considered to be an agency head.
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Section 1121B(1) of the Code of Governmental Ethics states 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. Section 1102 (16) defines "person" as an individual or legal entity other than a governmental entity, or an agency thereof. Section 1121B(1) goes on to prohibit a former public employee, for a period of two years following the termination of his public employment, from rendering any service which such former public employee had rendered to the agency during the term of his 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 advisory opinion.
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| Assigned Attorney: |
Jennifer Land |
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