| Advisory Opinion request regarding post-employment restrictions for a former employee of the Louisiana Department of Energy and Natural Resources. |
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In June 2013, Stephen H. Lee became employed by the Louisiana Department of Natural Resources ("LDNR") in the Office of Conservation as the Director of the Injection and Mining Division. The Injection and Mining Division administered three programs: the Underground Injection Control Program, the Surface Mining Program, and the Abandoned Mine Lands Program. During his service as the Injection and Mining Division Director, LDNR was renamed the Louisiana Department of Energy and Natural Resources ("DENR") effective January 10, 2024. The DENR consisted of six offices, including the Office of Conservation, and the Office of Conservation consisted of seven divisions, including the Injection and Mining Division. Mr. Lee served as the Injection and Mining Division Director until his retirement on January 11, 2025.
After his retirement, DENR was reorganized and renamed the Louisiana Department of Conservation and Energy ("LDCE") effective October 1, 2025. LDCE now consists of the following six offices: 1) Office of the Secretary, 2) Office of Administration, 3) Office of Energy, 4) Office of Enforcement, 5) Office of Permitting and Compliance, and 6) Office of State Resources. As a result of the reorganization, LDCE no longer has the Office of Conservation or the Injection and Mining Division. The former duties, responsibilities, and programs administered by the now-defunct Injection and Mining Division were divided and reallocated among the Office of Enforcement, the Office of Permitting and Compliance, and the Office of State Resources, but these newly created offices also administer programs and oversee responsibilities that were not previously administered by the former Injection and Mining Division.
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La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
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. 42:1102(2)(a)(i) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. "Agency of the public servant" and "his agency" when used in reference to the agency of a public servant shall mean, for public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities.
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.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Jessica Meiners |
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