| Advisory Opinion request from Shantell Lee, former employee of the La. Dept. of Education, regarding post-employment restrictions. |
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Shantell Lee was previously employed by the Louisiana Department of Education ("LDOE") as ELA Manager in the Division of Academic Content within the Office of Teaching and Learning. Ms. Lee resigned from her employment on July 21, 2023. As ELA Manager, she worked on ELA guidebooks curriculum, which included meeting with curriculum vendors. Ms. Lee reported to Sharon Necaise, Deputy Assistant Secretary over the Division of Academic Content.
Ms. Lee was recently hired for a seasonal position at Imagine Learning, where she performs professional development on curriculum products. She does not work on ELA guidebooks for Imagine Learning. Ms. Lee's position will require her to perform professional development in Louisiana. She will not provide any services to LDOE Division of Academic Content. Ms. Lee asks whether she may provide these professional development services for Imagine Learning following her resignation from LDOE.
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La. R.S. 42:1121B: 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(2)(a)(i) defines "agency" for public servants in one of the twenty principal departments of the executive branch of state government to mean the office, division, agency, commission, board, committee, or other organizational unit in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(4) defines "assist" to mean to act in such a way as to help, advise, furnish information to, or aid a person with the intent to assist such person.
La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision which employed the former public employee.
La. R.S. 42:1102(18) defines "public employee" to include any individual who is: (iii) engaged in the performance of a governmental function, or (iv) under the supervision or authority of an elected official or another employee of the governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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