| Advisory opinion request regarding whether the post-employment provisions in the Code of Governmental Ethics (Code) prohibits Jay Efferson, the Vice President of Avexon, LLC, from soliciting the Office of Technology Services (OTS) with sales and service opportunities within two years of his prior service as Director 3 in the OTS End User Computing, Field Operations Section. |
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Mr. Efferson currently serves as the Vice President of Operations for a New Orleans based IT Company, Avexon, LLC. He terminated his employment with OTS in December of 2024. He served as a Director 3 in the OTS End User Computing (OTS/EUC) Section called Field Operations. His primary focus was troubleshooting issues with end user devices such as computers, laptops, printers, ect. In the last several years of employment, his primary duties were to assist state agencies against cyber-attacks. In his position, he did not have any decision-making authority for hardware or software. However, he supervised the Field Operations Section for OTS/EUC.
Mr. Efferson would like to know if in his new position in the private sector may he approach the OTS department heads and section chiefs to provide them with sales and service opportunities from Avexon, LLC. He stated that he will not solicit OTS/EUC Field Operations.
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La. R.S. 42:1121A(1) 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 agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1102(2)(a) 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(19) defines "public servant" as a public employee or elected official.
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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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