| A Request for an Advisory Opinion, submitted by Shawn Hotstream, regarding whether the Louisiana Code of Governmental Ethics ("Code") would prohibit him from accepting employment as the Executive Director for Service District Hospital Association after terminating his public employment with the Louisiana Legislative Fiscal Office ("LFO") in the Health & Social Services Section. |
|
The LFO is an independent agency, created by La. R.S. 24:601, to provide factual and unbiased information to the legislature. The main role of the LFO is to provide an unbiased fiscal impact of proposed legislation, and budget analysis. He is currently employed as the Section Director for the Health & Social Services Section of the LFO. As the Section Director for the Health & Social Services Section, Mr. Hotstream's primary duties and functions include the following: 1) analyzing the Medicaid budget and providing the written analysis to the Legislature; and, 2) completing fiscal notes during legislative session on proposed legislation, which is an unbiased estimate of the revenue or spending impact of state legislation. He does not provide any services or participate in transactions involving service district hospitals or any other providers in his current position.
In December, he would like to accept the position of Executive Director for Service District Hospital Association. The trade association has not been organized yet. The trade association will be comprised of nine (9) local public hospitals and will be organized as a 501(c)(6) non-profit organization. In the role of Executive Director, it is likely that he will be required to engage with the Louisiana Legislature on behalf of the association.
|
|
La. R.S. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1121(B)(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 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.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
LaToya D. Jordan |
|
|