| Advisory Opinion request from Dana Hunter, former employee of the Governor's Office of Programs and Planning, regarding post-employment restrictions in her potential employment with Louisiana Alliance for Children's Advocacy Centers. |
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In 2017, Dr. Dana Hunter was hired in the Office of the Governor as the Director of the Children's Cabinet. In July 2021, Dr. Hunter was named the Executive Director of the newly established Office of Human Trafficking Prevention ("OHTP") to oversee statewide efforts to prevent and address human trafficking. Both the Children's Cabinet and OHTP were under the Office of Programs and Planning, which was supervised by Community Programs Director and Deputy Chief of Staff Dr. Chaundra Mitchell. Dr. Hunter resigned her employment with the Governor's Office on January 1, 2024.
In these roles, Dr. Hunter led grant project activities. The Louisiana Alliance for Children's Advocacy Centers ("LACAC") was one of the grant partners and subcontractors, which was responsible for subcontracting with local child advocacy centers and regional care coordinators to perform day-to-day operations on the grant alongside the Dept. of Children & Family Services ("DCFS"), the Office of Juvenile Justice, and Louisiana State Police. In 2022, Act 662 provided state funding to DCFS to coordinate care services for victims of human trafficking. In lieu of contracting with LACAC directly, DCFS transferred the funds to the Governor's Office to act as a fiscal agent, with DCFS having oversight and monitoring responsibilities for the implementation of the provisions of the law since January 2023. Dr. Hunter signed the funding transfer contract, along with the Deputy Chief of Staff, and the Finance Director.
Dr. Hunter asks whether she is prohibited from employment with LACAC or from providing contract research and evaluation services in any capacity.
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La. R.S. 42:1121(B): 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: 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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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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