| Advisory Opinion request from Allen Hanna, former employee of the La. Dept. of Health, Office of Public Health, Region 8 regarding post-employment restrictions. |
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Allen P. Hanna was employed as a Sanitarian 4 with the Louisiana Department of Health ("LDH"), Office of Public Health ("OPH) in Region 8 - Northeast. Mr. Hanna's main job duties included restaurant inspections, institution inspections, addressing public health complaints, and issuing temporary permits for the installation of on-site wastewater treatment systems. He reported to Nathan Hill, Sanitarian 6, who served as administrator over Region 8. Mr. Hanna retired from LDH on April 1, 2022.
Mr. Hanna recently obtained an installer's license with OPH and intends to operate a business engaged in installing and servicing on-site wastewater treatment systems for private customers. Mr. Hanna stated that he has no intention to install systems in which he issued the temporary permit.
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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 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)(i) defines "agency" for public servants in the twenty principal departments of the executive branch of state government to mean the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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