2024-601 - Laserfiche WebLink

LAw La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. The agency of a public servant of political subdivisions means the agency in which the public servant serves. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. 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(19) defines "public servant" as a public employee or an elected official. La. R.S. 42:1121A(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. ANALYSIS As an LCG employee, you were a public servant pursuant to La. R.S. 42:1102(19). For purposes of the Code, your "agency" was the LUS Meter Services Division pursuant to La. R.S. 42:1102(2)(a)(vi). As the Meter Reader Supervisor, you were the "agency head" of the Meter Services Division pursuant to La. R.S. 42:1102(3). According to La. R.S. 42:1121 A(1), for a period of two years following the termination of your public service as the head of the Meter Services Division on February 1, 2024, you are prohibited from assisting any person including Preferred Mechanical, for compensation in a transaction,or in an appearance in connection with a transaction, involving the Meter Services Division or from rendering any service on a contractual basis to or for the Meter Services Division. Since the water system pressure monitors contract with LCG involves the LUS Meter Services Division, you are not eligible to work for Preferred Mechanical as a manager/consultant on that contract. However, you are not prohibited from working for Preferred Mechanical on contracts that do not involve the Meter Services Division. CONCLUSION The Board concluded, and instructed me to inform you that, the Code prohibits you from working for Preferred Mechanical on the water system pressure monitors contract with LCG until February 1, 2026, since the contract involves your former agency and you were the head of that agency. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Page 2 of 3 (BD 2024-601)