| Advisory opinion request from Warren Kron, former employee of Baton Rouge City-Parish Government, related to post employment restrictions. |
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Mr. Kron was employed as a Geographic Information System Manager by Baton Rouge City-Parish Government (the "City-Parish") within the Department of Information Services (the "Department") until his resignation on December 2, 2023. In that role, he handled matters relating to Geographic Information Systems ("GIS"), and he reported to the Director of Information Services, who was the head of the Department.
He is currently employed by Environmental Science Services, Inc. ("ESS"). ESS has current contracts with the U.S. Army Corps of Engineers ("USACE") to provide GIS related services to the City-Parish. There is no contract between USACE and the City-Parish related to this work, and he did not perform any work related to ESS or USACE while he was employed by the Department.
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La. R.S. 42:1121B provides 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 the 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(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(18)(a) defines "public employee" to mean any person, whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the performance of a governmental function; (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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