| Advisory Opinion request from Chad Nepveaux, Director of Lafayette Consolidated Government Public Works Department, relating to the application of the post-employment provisions. |
|
|
Mr. Nepveaux is the current Director of the Public Works Department ("PWD") for Lafayette Consolidated Government ("LCG"). Following his retirement from public service, he intends to provide construction inspection and consulting services to another department within LCG. Specifically, he wishes to engage in contractual services with the LUS Fiber Department ("LUS Fiber").
|
|
La. R.S. 42:1121A(1) provides that 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. 42:1121B(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. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(11) defines "governmental entity" to mean the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
|
|
|
Adopt proposed advisory opinion.
|
|
| Assigned Attorney: |
Charles Reeves |
|
|