| Advisory opinion request as to whether the Code of Governmental Ethics ("Code") prohibits Guy Faget, a part-time entomologist for East Baton Rouge Parish Mosquito Abatement and Rodent Control District No. 1 (District), from being hired as a contract pilot within two years of the termination of his employment. |
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Mr. Faget began his career with the District in 1980 and retired in 2010. He was rehired and has served as a part-time entomologist since 2011. Over the course of his life, Mr. Faget became interested in aerial missions using aircraft to spray for mosquito control. He took up flight training on his own and eventually became a pilot and started volunteering to fly aerial missions for the District. His job description never included flying. The pilots are all contract employees. Mr. Faget was given hazard pay as an entomologist to compensate him for training the contract pilots. All current contract pilots have been trained by Mr. Faget. He would like to know if he can terminate his part-time employment and contract back as a pilot.
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La. R.S. 42:1121B 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 the 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) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S 42:1102(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.
La. R.S 42:1102(15) "Participate" to mean to take part in or to have responsibility for action of a governmental entity or proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
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.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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