| Advisory Opinion Request from Karen Crosby, Dean of Honors College at Southern University, relating to post-employment restrictions. |
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Ms. Crosby is currently employed by Southern University and A&M College ("Southern") as the Dean of the Honors College. She has been employed by Southern since the year 2000. She anticipates resigning her position with Southern and accepting employment with the National Science Foundation ("NSF") effective July 1, 2023.
In her role at Southern, she has participated in certain projects funded by NSF. Prior to her engagement in negotiations with NSF, she has recused herself from all such projects. In her role at NSF, she would not manage any projects in which Southern or its employees are involved.
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La. R.S. 42:1121A(1) provides 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 former agency or render any service on a contractual basis to or for such agency.
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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