| Advisory opinion regarding whether the Code of Governmental Ethics ("Ethics") prohibits the former Superintendent of City Cemeteries for the City of New Orleans from assisting persons in transactions with the Division of City Cemeteries. |
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City of New Orleans Ordinance Sec. 38-51 provides that cemeteries owned by the City of New Orleans shall be operated, managed and maintained by the Division of City Cemeteries within the Department of Property Management. Ordinance Secs. 38-53 through 38-56 provides (1) that the city cemeteries shall be under the control of a Superintendent of City Cemeteries who shall exercise immediate supervision of necessary personnel activities, operations, and hours of cemeteries; (2) the superintendent of city cemeteries may make and enforce such other regulations governing the operation of the city cemeteries which are not inconsistent with this article or state law; (3) the superintendent of cemeteries shall keep a permanent record of each interment in the city cemeteries under his supervision, which record shall include a copy of the certificate of death of the individual interred and the plot number, square, and location of the place of interment. Such records shall be maintained in perpetuity in the superintendent of cemeteries office; and, (4) no person other than cemetery personnel under the supervision of the superintendent of cemeteries shall inter, disinter, or reinter any human remains within the confines of any city cemeteries, provided that the superintendent of city cemeteries may permit the performance of such work by noncity parties, so long as said work is performed to the standards set by the superintendent.
Emily Ford was employed as the Superintendent of City Cemeteries from December 2019 until January 2024. Ms. Ford states her job duties included maintenance of six public cemeteries; records management; and, management of a permit system for restoration work, filming activities and other events. Ms. Ford owns Oak and Laurel Cemetery Preservation, LLC. Ms. Ford's company has been hired to perform restoration work at plots contained in the cemeteries managed by the Division of City Cemeteries. In order to obtain access, Ms. Ford and her company will need to submit an application to obtain a permit from the Division of City Cemeteries.
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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. 42:1102 (2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. (vi) 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(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) "Assist" means 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(18) 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" to mean a public employee or an elected official.
La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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