| Advisory opinion request concerning the application of the exception in La. R.S. 42:1123(1) to the post-employment provisions in the Code of Governmental Ethics concerning Ms. Lindsay Cooper's employment with the Clean Air Task Force subsequent to her employment in the Governor's Office. |
|
|
Prior to her employment with CATF, Ms. Cooper was employed as the Project Manager for the Louisiana Climate Initiative and supervised by the Director of the Governor's Office of Coastal Affairs. Ms. Weeks stated that neither Ms. Cooper nor CATF intend to enter into any contractual arrangement, for compensation or otherwise, with the Governor's Office.
|
|
Ms. Ann Brewster Weeks is the Legal Director for the Clean Air Task Force (CATF), which is a non-profit environmental organization, organized and incorporated in the Commonwealth of Massachusetts. CATF has a 501(c)(3) status recognized by the U.S. Internal Revenue Service.
Ms. Weeks is asking for an advisory opinion as to the application of the exception in La. R.S. 42:1123(1) to the post-employment provisions, given the fact that an employee of CATF, Lindsay Cooper, is a former public employee.
Ms. Weeks "note[s] that concerns underlying the cooling off statutes, e.g., unfair financial advantage accruing to former state employees, do not apply in instances where the post-government employee is for a not-for-profit entity." Ms. Weeks argues "that CATF's charitable non-profit status exempts Ms. Cooper, while acting within the scope of her employment at CATF, from the otherwise applicable two-year prohibition on 'assist[ing]' or 'appear[ing] in connection with a transaction' with the Governor's Office related to matters on which she worked while employed therein."
|
|
La. R.S. 42:1121 provides that
(A)(1) No former agency head . . . shall, for a period of two years following the termination of his public service as the head of such agency . . . assist another person, for compensation, in a transaction . . . involving that agency or render any service on a contractual basis to or for such agency.
(B)(1) No former public employee shall, for a period of two years following the termination of their public employment, assist another person, for compensation, in a transaction . . . in which such former public employee participated at any time during this public employment and involving the governmental entity by which he was formerly employed, or . . .. 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. 42:1123(1) provides an exception to not preclude participation in the affairs of charitable, religious, nonprofit educational, public service, or civic organizations, bona fide organized public volunteer fire departments when no compensation is received.
La. R.S. 42:1102(16) defines "person" to mean "an individual or legal entity other than a governmental entity, or an agency thereof."
La. R.S. 42:1102(15) defines "participate" to mean "to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant or the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty."
La. R.S. 42:1102(19) defines "public servant" to mean "a public employee or an elected official."
|
|
|
Adopt draft of advisory opinion.
|
|
| Assigned Attorney: |
Kathleen Allen |
|
|