| Advisory opinion request regarding former Mechanical Inspectors for the Safety and Permits Division with the City of New Orleans, Kenneth Conerly and Mario Anderson, and their company, Khan's Codes and Standards, LLC, providing inspections to third parties within two years of the termination of their employment. |
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Kenneth Conerly and Mario Anderson were both employed as Mechanical Inspectors for the Mechanical Department under Safety and Permits Division for the City of New Orleans. Mr. Conerly terminated his employment on September 11, 2020. Mr. Anderson transferred out of the Mechanical Department on November 29, 2019 to the Property Management Department. Mr. Anderson remains employed with that Department. The Property Management Department does not perform or have any involvement with any type of inspections.
As employees of the Safety and Permits Division as Mechanical Inspectors, both were tasked with conducting gas and mechanical inspections through out the City of New Orleans.
Shortly after Mr. Conerly's termination of employment, he and Mr. Anderson established Khan's Codes and Standards, LLC, a third-party inspection company to provide mechanical, gas, building and electrical inspections throughout the City of New Orleans. Once inspections are conducted, they will be submitted to the Safety and Permits Division for processing.
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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.
La. R.S. 42:1121C provides that 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. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1111E(1) provides that no public servant, and no legal entity of which such public servant is an officer, director, trustee, partner, or employee, or in which such public servant has a substantial economic interest, shall receive or agree to receive any thing of economic value for assisting a person in a transaction, or in an appearance in connection with a transaction, with the agency of such public servant.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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