| Advisory Opinion Request from Leah Tatum, employee of the Office of Public Health, regarding post-employment matters. |
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Leah Tatum is currently employed by the Office of Public Health ("OPH"). She is currently serving as Program Manager 1A for the Safer, Smarter Schools testing program. In this role, she coordinates Covid-19 related programs primarily focused on testing on K-12 schools. She reports directly to Program Manager 1B.
Orion Laboratories ("Orion") desires to hire Ms. Tatum as Vice President of Clinical Operations. In this role, she would be responsible for working with Orion's clinical department to support patient testing. Orion does have contracts with OPH to provide Covid-19 testing services. In her role at Orion, she would be prohibited from assisting with any work related to OPH or other public health agencies.
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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.
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 on his primary responsibilities.
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
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed draft opinion.
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| Assigned Attorney: |
Charles Reeves |
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