| Advisory Opinion request from Rory Bellina on behalf of CRC Logistic Services, Inc. and from Michael Powers on behalf of the City of Kenner, regarding the purchase of property by CRC while former City employee, Adam Campo, is an employee of CRC. |
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Adam Campo was employed by the City of Kenner as the Chief Compliance Officer until his resignation on June 30, 2022. The City of Kenner provided that Mr. Campo's duties were the equivalent of a Deputy Chief Administrative Officer. He reported to Chief Administrative Officer Deborah Foshee.
Mr. Campo is now employed by CRC Logistic Services, Inc. ("CRC"). CRC does not currently have any contracts with the City of Kenner. However, CRC is attempting to purchase commercial property owned by the City of Kenner. Mr. Campo has not performed, does not perform, and will not perform any services for CRC involving the City of Kenner. Mr. Bellina asks whether CRC may purchase the property from the City of Kenner or enter into any future contracts with the City of Kenner.
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La. R.S. 42:1121(B)(1): 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.
La. R.S. 42:1121(C): No legal entity in which a former public servant is an employee shall, for a period of two years following the termination of her 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 her public service and involving the agency by which she was formerly employed.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions, including public employees of municipalities, to mean the agency in which the public servant serves.
La. R.S. 42:1102(2)(16) defines "person" to mean an individual or legal entity, other than a governmental entity, or an agency thereof.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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