2025-270 - Laserfiche WebLink

LAw La.R.S.42:1121A(1)provides 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 former agency or render any service on a contractual basis to or for such agency. La. R.S. 42:1102(2)(a). "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(3) "Agency head" means 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(16) "Person" means an individual or legal entity other than a governmental entity, or an agency thereof. La. R.S. 42:1102(18)(a). "Public employee" means anyone, 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). "Public servant" means a public employee or an elected official. ANALYSIS AND CONCLUSION As CAO of Ascension Parish, you were a public employee and a public servant pursuant to La. R.S. 42:1102(18)(a) and La. R.S. 42:1102(19), respectively. Your "agency" for purposes of the Code was Ascension Parish. Further, you were an agency head pursuant to La. R.S. 42:1102(3) La. R.S. 42:1121A prohibits you for a period of two years following your termination, from assisting a person, such as ADEC, for compensation, in a transaction, or in an appearance in connection with a transaction, involving your former agency, Ascension Parish; or, render any service on a contractual basis to or for such agency. Therefore, the Board concluded and instructed me to inform you that the Code prohibits you as a former agency head from receiving compensation from AEDC for participating in public appearances in Ascension Parish until August 11, 2025, two years from from the termination of your public service. Page 2 of 3 (BD 2025-270)