| Request for an advisory opinion regarding whether the Code of Governmental Ethics ("Code")
prohibits a former Louisiana State Senator from being employed by and acting as a legislative liaison for a
state department in the executive branch. |
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Barrow Peacock is currently a Senator for the State of
Louisiana. He asks whether La. R.S. 42:1121 prohibits a former legislator from
being employed by, and acting as a legislative liaison, for a state department
in the executive branch.
Senator Peacock also asks whether any provision of the Code
of Governmental Ethics restricts his employment for a state department in the executive
branch after expiration of his term as a state legislator.
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La.
R.S. 42:1121A(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. 42:11121(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.
La. R.S. 42:1102(2)(a)
defines "agency" as 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:
(iv) For public servants in the legislative branch of state government,
it shall mean the agency or house of the legislature by which a public employee
is employed and the legislative branch in the case of legislators.
La. R.S. 42:1102(9) defines "elected official" as any
person holding an office in a governmental entity which is filled by the vote
of the appropriate electorate. It shall also includes any person appointed to
fill a vacancy in such offices.
La.
R.S. 42:1102 (16) defines "person" as an individual or legal entity
other than a governmental entity, or an agency thereof.
La.
R.S. 42:1102(19) defines "Public servant" as a public employee or an
elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Mallory Guillot |
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