| Advisory Opinion request on behalf of the Plumbing-Heating-Cooling Contractors of Louisiana ("PHCCLA") and Jay Huckabee as to the potential applicability of the post-employment restrictions. |
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On May 5, 2023, Jay Huckabee was appointed by Governor Edwards as a member of the State Plumbing Board of Louisiana ("State Plumbing Board"), based on the nomination of Mr. Huckabee by the Plumbing-Heating-Cooling Contractors of Louisiana ("PHCCLA"). Mr. Huckabee was notified that his appointment was subject to confirmation by the Senate prior to the end of the 2023 Regular Legislative Session.
Mr. Huckabee attended the May 11, 2023 meeting of the State Plumbing Board and was sworn-in as a voting member at that time. However, on June 8, 2023, Mr. Huckabee was notified that his appointment was withdrawn by Governor Edwards.
Prior to his appointment, Mr. Huckabee was compensated by the PHCCLA as an instructor to provide continuing education as required by the State Plumbing Board. Additionally, Mr. Huckabee was compensated directly by the State Plumbing Board as a proctor of licensing exams. Ms. Carter asks whether Mr. Huckabee can return to providing these compensated services given the withdrawal of his appointment to the State Plumbing Board.
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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. 42:1102(3) defines "agency head" to include any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants who are members or employees of a board or commission within the executive branch of state government to mean the board or commission.
La. R.S. 42:1102(23) defines "transaction" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity; (b) Is one to which the governmental entity is or will be a party; (c) Is one in which the governmental entity has a direct interest.
La. R.S. 42:1121(A)(2): 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 the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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