| Advisory opinion request concerning a reserve deputy with the Lake Charles Marshal's Office providing contracted legal services through his employer to the Marshal's Office while he remains an active reserve deputy or within two years of his retirement as a reserve deputy. |
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Andrew Leonards is employed as an associate attorney with The Johnson Firm. Mr. Leonards also serves as a volunteer reserve deputy with the City of Lake Charles Ward 3 Marshal's Office ("Marshal's Office"). His service as a reserve deputy is uncompensated and limited to law-enforcement duties on an as-needed basis, including occasional private-security assignments for private events.
Mr. Leonards is interested in providing legal services to the Marshal's Office through his employment with The Johnson Firm, in which The Johnson Firm would contract with the Marshal's Office, and he would be the primary attorney assigned to the matter. He would provide these legal services to the Marshal's Office on a limited, case-by-case basis, solely in circumstances where the interests of the Marshal's Office may conflict with those of the City of Lake Charles, and the City Attorney's Office is unable to provide legal counsel to the Marshal's Office.
Mr. Leonards asks whether the Code permits him to continue serving as a reserve deputy with the Marshal's Office while his employer contracts with the Marshal's Office. Alternatively, Mr. Leonards asks whether the Code's two-year post-employment restriction would prohibit him from providing legal services through his employer to the Marshal's Office upon his resignation as a reserve deputy.
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La. R.S. 42:1111C(2)(d) provides that no public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are: (d) Neither performed for nor compensated by any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency; conducts operations or activities which are regulated by the public employee's agency; or has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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. 42:1123(30) provides that a public servant, a legal entity in which he has a controlling interest, or a member of his immediate family may donate services, movable property, or funds to his agency.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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