| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Bryan Cowart, a Building Inspector for the Safety and Permits Division with the City of New Orleans, from accepting employment with Khan's Codes and Standards, LLC, providing inspections to third parties within two years of the termination of his employment. |
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Kenneth Conerly and Mario 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 City of New Orleans' Safety and Permits Division for processing. Bryan Cowart is a Building Inspector for the Safety and Permits Division. He plans on resigning from his position on December 1, 2022 and intends to accept employment with Khan's.
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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.
(vi) For public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(12) "Governmental entity" means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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