| Advisory Opinion Request regarding post-employment of a former employee of the Department of Safety and Permits in the City of New Orleans. |
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Peter Emory was employed at the Department of Safety and Permits in the City of New Orleans ("DSPNO") in the capacity as Supervisor/Mechanical Equipment Inspector III in the Mechanical Division from 02/01/2016 until 03/06/2026. While with the department, his duties involved carrying out mechanical and gas equipment inspections and supervising 3 other mechanical equipment inspectors and 2 clerical staff performing related mechanical division activities, namely issuing mechanical equipment and gas permits and processing third party mechanical equipment and gas inspection reports.
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La. R.S. 42:1121A(1) states 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. 42:1102(2)(a) defines "agency" to
mean a department, office, division, agency, commission, board, committee, or
other organizational unit of a governmental entity.
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(19) defines "public servant" as a public employee
or elected official.
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 the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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