Advisory opinion request as to whether the Code of Governmental Ethics (the "Code") prohibits Pamela Lewandowski, a former Louisiana Housing Corporation (LHC) employee, from serving as an instructor for the LHC Energy Auditor curriculum. |
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Pamela Lewandowski was employed with the LHC as the Training Center Coordinator until December 3, 2024. She is currently employed by Louisiana State University LaHouse Research and Education Center. She stated that part of her job duties as an employee of LHC was to teach the LHC Energy Auditor curriculum. She provided that there is no one in the State of Louisiana capable of teaching the class. She wanted to know if the LHC could contract with her employer, LSU LaHouse Research and Education Center, to have her provided the Energy Auditor Curriculum for the LHC. instruction.
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La. R.S. 42:1121B(1) provides that 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 provides the following definitions:
(2)(a) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
(12) "Governmental entity" means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be.
(
18)(a) "Public employee" means anyone, 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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