| Advisory opinion request regarding whether the post-employment provisions in the Code of Governmental Ethics (Code) prohibit Wayne Picou, a former City of Baton Rouge employee from participating in sales for his new employer, Creative Employee Benefit Services, LLC. |
|
Mr. Picou terminated his employment with the City of Baton Rouge on 2/28/2025. He served as a Human Resource Analyst for the City of Baton Rouge in the Payroll and Benefits Division. His primary job duties were to process, collect and prepare payments for medical, dental and ancillary insurance on behalf of the City. That includes enrolling or terminating each employee benefits for medical, dental, vision or ancillary insurance. Ancillary benefits are those such as but not limited to insurance for life, cancer, accident, and disability. In his position as a resource analyst, you never sold insurance to the City of Baton Rouge or its employees.
Mr. Picou is now employed by Creative Employee Benefit Services LLC. Creative Employee Benefit Services LLC. sells new ancillary policies as non-captive agents for Colonial Life and occasionally medical, dental and vision through various carriers. His compensation will be derived from new insurance policies sold.
Specifically, Mr. Picou wanted to know if he is prohibited from selling insurance to the Baton Rouge Fire Fighters Union. He stated that in his capacity as a resource analyst he processed insurance payments for City employees who were in the Fire Fighters Union, but he never sold any insurance to the Fire Fighters Union. Additionally, he would like to know if there are any post-employment restrictions that his employer, Creative Employee Benefit Services LLC. Should be aware of, Such as,, can they approach the City of Baton Rouge to sell insurance to the employees.
|
|
La. R.S. 42:1121B.(1) General rule for other public employees. 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) 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(16) defines "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.
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. -->
|
|
|
Adopt draft advisory opinion.
|
|
| Assigned Attorney: |
Suzanne Mooney |
|
|