| Advisory opinion request regarding whether the Code of Governmental Ethics ("Code") prohibits John Diez, the former CAO of Ascension Parish, from being employed by the Ascension Economic Development Corporation (AEDC) within two years from the termination of his public service. |
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John Diez retired as CAO on August 11, 2023. He has been asked by AEDC to conduct community engagement in relation to several new industrial developments on the west bank of Ascension Parish. The AEDC was established in 2005 by the Ascension Parish government, the Ascension Chamber of Commerce, and the City of Gonzales. According to La. R.S. 33:9024A and B, AEDC is a private, nonprofit corporation and is prohibited from functioning as an agency of the state or any political subdivision of the state; and, its directors, officers, or employees are prohibited from functioning as and are not to be considered public employees for any purpose whatsoever.
As CAO of Ascension Parish, he was responsible for directing and coordinating the administration of Ascension Parish. His job duties included the following:
1) Supervising and managing the Directors of all departments as directed by the Parish President.
2) Communicating with Parish administration on ACUD 1 water expansion in RPMP and Hwy 3127 plans.
3) Coordinating the Communication Plan with /for elected officials, community stakeholders, and Westbank residents.
4) Utilizing Ascension Economic Development Foundation for donations/grants/ and programs in conjunction with Economic Development District Board planning and funding.
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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) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
(i) For public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission.
La. R.S. 42:1102(3) "Agency head" means 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(16) "Person" means an individual or legal entity other than a governmental entity, or an agency thereof.
La. R.S. 42:1102(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.
La. R.S. 42:1102(19) "Public servant" means a public employee or an elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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