| Advisory opinion request from Robin Wagner, former Assistant Deputy Secretary for Office of Aging and Adult Services for the Louisiana Department of Health, related to post-employment restrictions. |
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Robin Wagner was previously employed by Louisiana Department of Health ("LDH"). At LDH, she served as the Deputy Assistant Secretary of the Office of Aging and Adult Services ("OAAS"). She retired from OAAS effective July 24, 2021. In her role at OAAS, she reported directly to Assistant Secretary Tara Leblanc. She is currently active as an independent consultant.
Ms. Wagner would like to enter into a contract with a non-profit corporation called Advancing States, Inc. ("Advancing States"). In her role with Advancing States, she would be providing subject matter expertise, participating in calls, and participating in research.
In December 2022, Advancing States entered into a contract with OAAS to produce legislative reports to be delivered in January 2023 and April 2023. Advancing States would like to use materials Ms. Wagner prepares to help them complete the reports they are delivering to OAAS, as well as review those reports to provide feedback. Advancing States did not contract or do business with OAAS during her tenure at OAAS.
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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. 42:1102(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 advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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