| Advisory Opinion of Aylin Acikalin, former staff member for Nadine Ramsey, former New Orleans City Council Member - District C. |
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From May 5, 2014 to May 4, 2018, Aylin Acikalin was employed as the legislative director for Nadine Ramsey, former New Orleans City Council Member - District C. During her employment, Ms. Acikalin worked under the direction of a Chief of Staff and had no supervisory authority over any other employee. Her job duties consisted of providing advice regarding legislative matters, including land use and zoning that came before the City Council. During her tenure, the City Council considered and adopted ordinances related to the regulation of short term rentals on a city-wide basis. In particular, the City Council passed Motion M-15-391, which directed the Planning Commission to study the necessary short term rental regulations. The City Council adopted the recommendations and passed Ordinance No. 27,209 codifying the regulation of short term rentals in the City Code. Ms. Acikalin met with constituents, property owners, and stakeholders who were lobbying for and against the adoption of the ordinances, but did not provide advice regarding any individual owners or property-specific proceedings.
On May 24, 2018, following the termination of Ms. Acikalin's public employment, the City Council adopted Motion No. M-18-194, which directed the Planning Commission to study any necessary modifications to the City Code regarding short term rental regulations. This new proceeding contains a new study, different parameters, and different recommendations than the original proceeding. The Planning Commission will consider the study at its September 25, 2018 meeting and transmit it to the City Council for consideration.
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La. R.S. 42:1121B(1) provides: 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, 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 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.
AO 2014-974: Former Executive Director of New Orleans City Planning Commission prohibited from providing research on any project that he participated in during his public employment.
AO 2013-478: Former Commissioner of Criminal Justice for the City of New Orleans not prohibited from representing clients before the City provided that the matters are unrelated to criminal justice matters or matters in which he participated in as an Associate City Attorney.
AO 2010-449: Former General Counsel for Tax Commission not prohibited from assisting individual taxpayers before the Tax Commission since he did not participate in matters involving the individual taxpayers.
AO 2009-909: Former Deputy City Attorney for New Orleans not prohibited from representing individuals before City agencies since representation limited to matters in which he did not participate while employed.
AO 2005-366: Former Fiscal Officer for New Orleans City Council not prohibited in rendering advice to the Council regarding the New Orleans Energy Efficiency Program, since she did not participate in the creation or operation of the program while employed by the City Council.
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Adopt the proposed advisory opinions.
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| Assigned Attorney: |
David Bordelon |
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