|Advisory Opinion as to whether the Code of Governmental
Ethics ("Code") permits a former Livingston Parish Council member to be
employed by the Parish President's Administration following termination of their
term as council member.
The Livingston Parish government is a local governmental subdivision which operates under a Home Rule Charter and, subject to said charter, is authorized as hereinafter provided to exercise any power and perform any function necessary, requisite or proper for the management of its local affairs. Home Rule Charter Section 1-02 provides:
The plan of government provided by this Home Rule Charter shall be known as the "President- Council" form of government. It shall consist of an elected president who shall be the chief executive officer and head of the executive branch and an elected council which shall be called the Livingston Parish Council and shall constitute the legislative branch of the government.
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. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1102 provides the
(2)(a) "Agency" means a
department, office, division, agency, commission, board, committee, or other
organizational unit of a governmental entity. For purposes of
this Chapter, "agency of the public
servant" and "his agency" when used in reference to the agency
of a public servant shall mean:
(vi) For public servants of political
subdivisions, it shall mean the agency in which the public servant serves,
except that for members of any governing authority and for the elected or
appointed chief executive of a governmental entity, it shall mean the
governmental entity. Public servants of political subdivisions shall include,
but shall not be limited to, elected officials and public employees of
municipalities, parishes, and other political subdivisions;
(11) "Governing authority" means
the body which exercises the legislative functions of a political subdivision.
(12) "Governmental entity"
means the state or any political subdivision which employs the public employee
or employed the former public employee or to which the elected official is
elected, as the case may be;
(17) "Political subdivision"
means any unit of local government, including a special district, authorized by
law to perform governmental functions;
"Public employee" means anyone, 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
"Public servant" means a public employee or an elected official;
"Service" means the performance of work, duties, or responsibilities,
or the leasing, rental, or sale of movable or immovable property.
Adopt the proposed advisory opinion.