| Advisory Opinion Request from Cheryn Robles, former employee of New Orleans' Office of Resilience and Sustainability ("OSR"), relating to post-employment. |
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Ms. Robles was employed by the City of New Orleans from September 2012 through May 2025. She began her employment with the Department of Public Works, and moved to OSR in October 2022. Within OSR, she served as the Environmental Affairs Administrator. In that role, she reported to Greg Nichols, the head of OSR.
Since leaving OSR, she has become employed by Volkert, Inc. (the "Company"). The Company occasionally does some business with OSR. The Company would like her to perform services for certain projects in the future involving OSR, but she would refrain from working on any matters in which she participated while at OSR.
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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(3) defines "agency head" to mean 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(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.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Charles Reeves |
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