2025-552 - Laserfiche WebLink

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 a.ge_ cy during the term of his public employment on a contractual basis, regardless of the parties tc 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 sliall 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 sllal l mean the governmental entity.Public servants of political subdivisions shall include,but shall not be limiter- 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. 17.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer CA an agency c•r 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 offizial or another employee of the governmental entity. La. R.S. 42:1102(19) defines "public servant"to mean a public employee or elected official. ANALYSIS Asan employe of LDH, you were a"public employee", pursuant to La. R.S. 42:1102(18), and a "public servant", pursuant to La. R.S. 42:1102(19). MMIS was your agency until May 2018, and 1/ICO was y3ur agency from August 2018 through August 2025, pursuant to La. R.S. 42: -102(2)(a)vi). As the section chief of MMIS, you were an"agency head"pursuant to La. R.S. 42: 102(3). As a contract employee in MCO, you were not an agency head. La. R.S. 42:1 l 21A(1) provides that agency heads are prohibited, for a period of two years, from assisting another person, for compensation, in a transaction involving that former agency. Accordingly, you were prohibited until May 2020 from assisting any person in a transaction with MMIS. That Prohibition has expired, and does not apply to the current prospective employment. With.respect to your more recent employment within MCO, as you were not an agency head, La. R.S. 42:1121B shall apply. La. R.S. 42:1121B prohibits public employees, for a period of two yeas, from assisting another person, for compensation, in a transaction in which such former public employee participated. Accordingly,for two years following your retirement from MCO in August 2025, Slou would be prohibited from assisting a person in a transaction with MCO in which you participat,-,d while employed with MCO. This provision does not prohibit you from assisting the Company-with matters in involving MMIS,as you retired from that agency over two years ago. Page 2 of 3 (BD 2025-552)