| Advisory Opinion Request regarding whether the Code of Governmental Ethics prohibits a former employee with the City of New Orleans, who served as the Administrative and Programs Supervisor in the Chief Administrative Office, from contracting with special districts in New Orleans. |
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Desmond LeBlanc was employed with the City of New Orleans in the role of Administrative and Programs Supervisor in the Chief Administrative Office ("CAO") from 5/3/2021 until 9/12/2025. During this time, his duties primarily involved overseeing the procurement, fiscal, and administration of the CAO. He did not have any direct involvement with, nor supervise, regulate, or manage the operations, finances, or activities of any of the special districts located within the city limits.
Mr. LeBlanc owns the company, Special Districts Management Solutions, LLC ("SDMS"), which provides professional services to special districts in Louisiana including New Orleans. These special districts are public entities such as Community Development Districts, Neighborhood Improvement and Beatification Districts, Security and Crime Prevention Districts, Recreation Districts, Drainage and Levee Districts, and Special Road Districts. The services SDMS provides are management, fiscal, administration, and consulting support.
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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.
La. R.S. 42:1102(2)(a)(vi) defines "agency" for public servants of political subdivisions to 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(16) defines "person" to mean an individual or legal entity other than a governmental entity, or an agency thereof.
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. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1121D prohibits a former public servant from sharing in any compensation received by another person for assistance which such former public servant is prohibited from rendering by Section 1121.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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