| Advisory opinion request regarding post-employment restrictions from Rachel Zaunbrecher, an Assistant Principal at Iowa High/Middle School for the Calcasieu Parish School District. |
|
Rachel Zaunbrecher is currently employed by the Calcasieu Parish School District as an Assistant Principal at Iowa High/Middle School. She will be retiring from public employment as of June 25, 2025. She is also the sole owner of Rachel's Stitches, LLC, which provides embroidery and sewing services. In her capacity as a public employee with the Calcasieu Parish School District, Ms. Zaunbrecher has not provided embroidery or sewing services. After she retires from public employment, she will continue to provide embroidery and sewing services in her private capacity through her business, Rachel's Stitches, LLC.
Ms. Zaunbrecher would like to know whether she or her business is permitted to provide embroidery and sewing services to the Calcasieu Parish School District, Iowa High/Middle School, or any other school within the Calcasieu Parish School District for compensation immediately following your retirement.
|
|
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(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(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency.
La. R.S. 42:1102(4) defines "assist" to mean to act in such a way as to help advise, furnish information to, or aid a person with the intent to assist such person.
La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(12) defines "governmental entity" to mean 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.
La. R.S. 42:1102(18)(a) defines "public employee" to mean 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.
La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
Jessica Meiners |
|
|