2025-173 - Laserfiche WebLink

LAW La. R.S. 42:1121B.(1) General rule for other public employees. No former public employee shall, for a period 6f 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 termination of his public employment, render, any service which such former public employee had rendered to the agency during the terns 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. 42:1121C. 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. 42:1102(2)(a) 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(16) defines "Person" means 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 elected official. La. R.S. 42:1102(18)(x) 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 appointment 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 official or another employee of the governmental entity. ANALYSIS As a Human Resource Analyst, you were a public employee and a public servant pursuant to La. R.S. 42:1102(18)(a) and La. R.S. 42:1102(19), respectively. Your"agency" for purposes of the Code was the Payroll and Benefits Division of the Human Resource Department for the City of Baton Rouge. La. R.S. 42:1121B(1)prohibits you for a period of two years following your termination, from assisting your employer, Creative Employee Benefit Services LLC, for compensation, in a transaction, or in an appearance in connection with a transaction in which you participated or render, any service which you had rendered to the agency. Since you never sold insurance to the City of Baton Rouge during your public employment and you will only be Page 2 of 3 (BD 2025-173)