| Advisory opinion request from the City of New Orleans Emergency Medical Services (EMS) employee, Benjamin Swig, regarding whether the post-employment restrictions found in La. R.S. 42:1121C would prohibit him from starting a company which would enter into a cooperative endeavor with EMS within two years of the termination of his service with EMS. |
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Mr. Swig provided that he has been employed with EMS since May of 2014. He initially served as an emergency medical technician or paramedic until he was injured in February of 2015. Thereafter, Mr. Swig served as an administrative liaison. Mr. Swig provided that he was not an agency head and does not supervise any employees.
Mr. Swig is interested in starting a business which would enter a cooperative endeavor with EMS to provide 911 quick response, non-transport emergency medical services and home health services. The company, which he intends to call Ready Responders, would bill the patient and the insurance companies for the services provided in accordance with local, state, and federal regulations, at no point would the City of New Orleans or any municipality pay the company for its services. While Mr. Swig would retain over twenty five percent ownership, he intends to have a co-founder and investors in Ready Responders. Mr. Swig intends to serve as the Chief Operating Officer (COO) of Ready Responders. Mr. Swig stated that he will not provide paramedic services while serving as the COO for Ready Responders. He provided that if Ready Responders were to enter the cooperative endeavor with EMS it would be to provide emergency non-transport services on all new cases.
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La. R.S. 42:1121B(1) 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 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 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.
La. R.S. 42:1121C. No legal entity in which the 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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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