| Advisory Opinion Request from Michael Conroy, on behalf of St. Tammany Parish Clerk of Court Melissa Henry, as to the application of the post-employment restrictions in the Code of Governmental Ethics. |
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Melissa Henry currently serves as Clerk of Court for St. Tammany Parish. She will leave office on June 30, 2024. She has been offered a position with 1120 South Pointe Properties, LLC, a Louisiana limited liability company doing business as Software and Services ("the Company"). The Company has current contracts with the St. Tammany Parish Clerk of Court's Office (the "Clerk's Office"). Ms. Henry will not work on any projects for the Company related to the Clerk's Office.
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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 former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1112B(4) prohibits a public servant from participating in a governmental transaction in which a person with whom they are negotiating for future employment has a substantial economic interest.
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(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(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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