| Request for an advisory opinion from Wesley C. Pfeiffer, former Deputy Director of Ground Transportation Services and Enforcement with the City of New Orleans, relative to post employment restrictions involving obtaining permits with the City of New Orleans. |
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Wesley C. Pfeiffer is the former Deputy Director of Ground Transportation (Taxicab) Services and Enforcement with the City of New Orleans having terminated his employment on November 16, 2020. Mr. Pfeiffer oversaw and supervised all staff and operation of the Ground Transportation Bureau within the Department of Safety and Permits for the City of New Orleans. The Ground Transportation Bureau was tasked with the regulatory authority and enforcement of taxicab and other for-hire vehicles operating within the City of New Orleans.
Mr. Pfeiffer is currently a licensed general contractor, having worked on home renovations and new construction outside of the City of New Orleans. Mr. Pfeiffer would like to expand his general contracting business to include the City of New Orleans, as well as work with the ground transportation industry to provide transportation consulting, advising, code compliance expertise, and other vehicle related services.
Mr. Pfeiffer made 5 inquiries relative to the Code of Ethics:
1. What was his agency as defined by La. R.S. 42:1102(2)(a)(vi)?
2. Whether he would be considered to be an agency head?
3. Whether he would be prohibited from assisting persons in transactions involving any transaction before any department in the City of New Orleans?
4. Whether under La. R.S. 42:1121B(1) he would be prohibited from assisting persons in transactions involving construction projects or transportation projects involving permits or licenses submitted to the City of New Orleans?
5. Whether Sections 1121C or 1112B((2) or (3) would be applicable to his post employment restrictions?
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La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the agency 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 agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) provides that 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.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to mean the agency in which the public servant serves.
La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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