Meetings
 
Agenda Item
Docket No. 22-615
 
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RE:
Advisory Opinion request from Philip Qualls, an employee of the La. Dept. of Treasury, regarding post-employment restrictions following his service on behalf of Treasurer John Schroder on the Louisiana State Police Retirement System Board.
Facts:
Philip Qualls is currently employed by the Louisiana Department of Treasury as an Investment Portfolio Manager. Mr. Qualls has been named by Louisiana State Treasurer John M. Schroder to serve as his designee on two pension boards: the Louisiana School Employees Retirement System and the Municipal Employees Retirement System.


The Louisiana State Police Retirement System ("Retirement System") was created by the Legislature pursuant to La. R.S. 11:1301, et. seq., and is administered by a Board of Trustees. La. R.S. 11:1302(A)(1) requires that the State Treasurer or his designee serves as one of the members of the Retirement System's Board of Trustees.


Amy Mathews serves as Treasurer Schroder's official designee for the Retirement System Board of Trustees. At two recent meetings, Ms. Mathews was unavailable to attend. As a result, Mr. Qualls attended at Treasurer Schroder's request at a Retirement System Board meeting on February 23, 2022, and at an Investment Committee meeting on March 23, 2022. Mr. Qualls did not take an oath of office or was otherwise sworn-in prior to his attendance at the two meetings. He has not served on the Retirement System Board in any other capacity.


Mr. Qualls believes a job opportunity may become available at the Retirement System. He asks whether his attendance at the two meetings of the Retirement System Board of Trustees prohibits him from being employed with the Retirement System.
Law:
La. R.S. 42:1121(A)(2) states 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. 11:1302 and LAC Title 58 re: Louisiana State Police Retirement System (See attached)


Recommendations:
Adopt draft advisory opinion.
Assigned Attorney: David Bordelon
 
 
ATTACHMENTS:
Description:
2022-615 - Advisory Opinion Request
2022-615- La. R.S. 11:1302
2022-615- La. Admin. Code - Title 58 - La. State Police Retirement System
2022-615 - AO 2017-027
2022-615 - Advisory Opinion Draft - Qualls