| Advisory opinion request as to whether the Code of Governmental Ethics (the "Code") permits Jefferson Tessier, Jr. to accept certain employment after the termination of his service to the Louisiana Division of Administration, Office of Community Development. (OCD) |
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Mr. Tessier stated that he is currently employed by OCD as a Local Government Assistant within the Local Government Assistance Section. He provided that OCD, Local Government Assistance, provides infrastructure (water, sewer and streets) grants to local communities throughout the state. The grantees hire an engineering consultant to create construction documents for the infrastructure grant they receive from ODC, Local Government Assistance. OCD has no preference in which engineering consultant is hired by the grantee.
Mr. Tessier's job as a local government assistant is to review the construction documents created by the engineer consultant. When he retires, he wants to know if he can go work for an engineering consultant group that receives grants from Local Government Assistance. He would be assisting on all new grant applications.
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La. R.S. 42:1121B provides 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)(vi) defines "agency" to mean, 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(18)(a) defines "public employee" to mean any person, 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 elected official.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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