| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits former Shreveport employee Tom Dark from serving as the Chief Administrative Officer ("CAO") for the City of Shreveport. |
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Mr. Dark retired from the City of Shreveport as CAO fourteen years ago. He receives a retirement from the City of Shreveport. Tom Arceneaux was installed as the Mayor of Shreveport on December 31, 2022. The Mayor entered a "professional services agreement" with Tom Dark to provide interim consulting services as CAO for the City of Shreveport. The agreement notes that Tom Dark is an independent contractor and earns $14,000 per month. The Mayor seeks guidance on whether the CAO can be an independent contractor with the
authority to supervise city departments and employees, approve
contracts, and other duties as assigned by the mayor. Further, can Mr.
Dark receive his City retirement and contract with the City to provide
services.
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La. R.S. 42:1121 A.(1) No former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121 B.(1) General rule for other public employees. 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 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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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