| 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. |
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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.
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Former Advisory Opinion No. 2011-1818 had identical facts. That AO concluded that as a former councilman of Livingston Parish Government, Mr. Thomas Watson was prohibited for a period of two years from being employed in any capacity by the Parish.
Former Advisory Opinion No. 2020-569, however, distinguishes between the executive branch of a parish government and the legislative branch of the parish government.
An argument can be made that the Chief of Staff for the Parish President is NOT appointed by or employed in any capacity by the Livingston Parish Council. Therefore, no violation of La. R.S. 42:1121A(2) would occur if a former councilman became Chief of Staff within two years of their term ending. That argument, however, leads to a conclusion that contradicts the conclusion in 2011-1818, which had identical facts. The argument, however, was not made in 2011-1818.
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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.
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Adopt one of the 2 proposed advisory opinions.
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| Assigned Attorney: |
Mallory Guillot |
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