2025-189 - Laserfiche WebLink

age;'icy 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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. 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(18)(a) defines"public employee"to mean any person,whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appDintment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii)engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected offi.-ial or another employee of the governmental entity. La. R.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one in which the governmental entity has a direct interest. ANALYSIS Asan employee of CPSO, you are a public employee pursuant to La. R.S. 42:1102(18)(a). Your agency is CPSO, pursuant to La. R.S. 42:1102(2)(a). As ,you are not an agency head, the post-employment restrictions of La. R.S. 42:1121A shall not apply. As you are a public employee, the post-employment restrictions of La. R.S. 42:1121B shall apply. Accordingly, for a period of two years after your termination of service to the CPSO, you may not 1) assist any person, for compensation, in a transaction with the CPSO in which you participated at any time during your employment with the CPSO or 2)render any service to the CPSiO on a contractual basis which you had rendered to the CPSO during the term of your public employment. You note that when you terminated your role as In-House Counsel, you received an advisory opinion, which applied the provisions of La. R.S. 42:112 IA. Such application was appropriate, as you were serving as an agency head at that time. Notably, the prohibition on performing contract work for your former agency is found in each of La. R.S. 42:1121A and La. R.S. 42:1121B, so that prohibition exists for all employees, regardless of status as agency head. The distinction between the two statutes relates to compensation for assisting other persons in transactions with your former agency. Accordingly, under La. R.S. 42:1121B, for a period of two years, you may receive compensation for assisting other persons in matters involving the CPSO to the extent that you diad not work on such matters during your employment with the CPSO. CONCLUSION Page 2 of 3 (BD 2025-189)