Meetings
 
Agenda Item
Docket No. 21-099
 
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RE:
Advisory opinion request regarding whether Benjamin Rayburn, the former Assistant Commissioner for the Office of Agricultural and Environmental Sciences of the Louisiana Department of Agriculture and Forestry, may accept employment with Keppco Commercial Pest Control Company within two years of the termination of his employment.
Facts:
Benjamin Rayburn is the former Assistant Commissioner for the Office of Agricultural and Environmental Sciences ("AES") of the Louisiana Department of Agriculture and Forestry. He retired on August 15, 2020 after 30 years of service. As Assistant Commissioner, his position was statutorily responsible for the supervision and direction of the various programs administered by AES and the position has a seat on the Louisiana Structural Pest Control Commission. One of the Divisions under AES, Pesticide and Environmental Programs, regulates the structural pest control industry. This regulation includes testing, licensing, certification, compliance review, complaint investigation, violation adjudication, etc. Although he had oversight as the Commissioner over this Division, the Division has a Director that administered the programs within that Division on a day-to-day basis.

Keppco Commercial Pest Control Company was licensed and in good standing for several years prior to Mr. Rayburn taking the position of Assistant Commissioner. Further, Keppco never appeared before the Structural Pest Control Commission while he was a member due to his position as Assistant Commissioner of AES.

Mr. Rayburn would like to accept a part-time position as a structural pest control technician with Keppco, a licensed structural pest control owner/operator.




Law:
La. R.S. 42:1121A(1) provides 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.
La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1121B 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 the 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.
Recommendations:
Adopt proposed advisory opinion.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2021-099 Draft Opinion
2021-099 - Advisory Opinion Request by Benjamin Rayburn