| Advisory Opinion request from Desmond LeBlanc relating to post-employment restrictions after serving as board member on the Lakeshore Villages Master Community Development District. |
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The Lakeshore Villages Master Community Development District (the "CDD") is a local, special purpose governmental entity established under the Community Development District Act, La. R.S. 33:9039.11 et seq. The CDD is governed by a five-member board, and also has a district manager who oversees day-to-day operations. The district manager position is appointed by the CDD board. Mr. LeBlanc currently serves as a board member of the CDD.
He also owns and operates Special District Management Solutions LLC (the "Company"), which specializes in managing development districts' daily operations.
The CDD's current district manager is expected to step down from that role soon.
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La. R.S. 42:1113B states that no appointed member of any board or commission, member of his immediate family, or legal entity in which the appointed member has a substantial economic interest shall bid on, enter into, or have a substantial economic interest in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1121A(1) provides 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. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
La. R.S. 42:1102(2)(a)(vi) defines "agency" to mean, for public servants of political subdivisions, it shall mean the agency in which the public servant serves, except that for members of any governing authority and for the elected or appointed chief executive of a governmental entity, it shall mean the governmental entity. Public servants of political subdivisions shall include, but shall not be limited to, elected officials and public employees of municipalities, parishes, and other political subdivisions; sheriffs and their employees; district attorneys and their employees; coroners and their employees; and clerks of court and their employees.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal 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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