| Advisory Opinion request from Steven Forrester regarding the post-employment restrictions in the event of the termination of his employment with the Louisiana Department of Environmental Quality. |
|
|
Steven Forrester is currently employed as a Geologist Supervisor in the Waste Permits Division, Office of Environmental Services with the Louisiana Department of Environmental Quality ("LDEQ"). Mr. Forrester manages a team of five geologists who review groundwater reports, work plans, and permits submitted by permitted waste facilities. He reports to Waste Permits Division Administrator Yolunda Righteous. Mr. Forrester seek guidance regarding the post-employment restrictions in the Code in the event he seeks employment in the private sector.
|
|
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. 42:1121C: 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.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for employees in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(12) defines "governmental entity" as the state or any political subdivision which employs the public employee or employed the former public employee
La. R.S. 42:1102(15) defines "participate" to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
La. R.S. 42:1102(18)(a)(iv) defines "public employee" as any person under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(23) defines "transaction involving the governmental entity" as any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know:
(a) Is, or will be, the subject of action by the governmental entity.
(b) Is one to which the governmental entity is or will be a party.
(c) Is one in which the governmental entity has a direct interest. A transaction involving the agency of a governmental entity shall have the same meaning with respect to the agency.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|