| A Request for an Advisory Opinion, submitted by Martin Guy Barcelona, Sr., concerning whether the Code of Governmental Ethics ("Code") would prohibit ARTOVIA from contracting with the Housing Authority of New Orleans ("HANO"), his former agency. |
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In January 2022, Mr. Barcelona retired from his position with HANO as a construction manager in the Development and Modernization Department. He is currently employed at his brother's firm, ARTOVIA, that provides consulting services to various entities. ARTOVIA has reviewed construction documents related to public housing agencies in other states and would like to expand his presence in the affordable housing market in Louisiana.
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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. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1121(B) provides that 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. 42:1121(C) 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 the proposed advisory opinion.
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| Assigned Attorney: |
LaToya D. Jordan |
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