| Advisory opinion request regarding the post-employment restrictions for Vivek Shah, a New Orleans Regional Transit Authority employee. |
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Vivek Shah is currently employed as an Urban Planner with the New Orleans Regional Transit Authority ("NORTA"). NORTA is an independent political subdivision of the State of Louisiana created in 1979 by Act 439 of the Louisiana Legislature in order to provide mass transportation within its jurisdiction, which comprises the Greater New Orleans area. Mr. Shah's work is almost entirely focused on the City of New Orleans. He works closely with many departments and agencies within the New Orleans City Government.
Mr. Shah is considering leaving his position with NORTA to become a private consultant. Due to the nature of Mr. Shah's work, many of his potential clients will be state and local agencies and municipalities. Mr. Shah understands that he cannot contract with his current agency, NORTA, for two years after terminating his employment. However, Mr. Shah asks how his two-year prohibition applies to other state agencies, such as the New Orleans Regional Planning Commission ("NORPC") and the Louisiana Department of Transportation and Development ("LaDOTD"), and to local agencies and municipalities, such as the City of New Orleans.
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La. R.S. 42:1121B(1) provides that 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. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his 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 his public service and involving the agency by which he was formerly employed or in which he formerly held office.
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| Assigned Attorney: |
Jessica Meiners |
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