| Advisory opinion request as to whether the Code of Governmental Ethics ("Code") prohibits Arlene Evans, a former employee of the Office of Motor Vehicles (OMV), from being employed by Essential Tag & Title, LLC (Essential). |
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Ms. Evans was employed with OMV until April 3, 2024. She served as a Motor Vehicle Manager I in the Specialized Plate Unit. Ms. Evans' duties included identifying and resolving data programming issues; testing new and revised computer programs; and, proposing system related solutions. She would like to know if she is prohibited from accepting a position with Essential within two years of the termination of her public employment.
She provided that Essential is a private company that conducts business with OMV. Essential would like her to serve as a Title Clerk. A Title Clerk processes vehicle title transactions, registrations, and insurance documents. They also ensure compliance with state regulations; maintain accurate records; and, issue title certificates, registrations and license plates.
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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(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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