AG: Allain must continue volunteering

A former member of the Board of Commissioners for the West St. Mary Parish Port Harbor and Terminal District may continue to donate his services to the agency so long as he is not compensated, and provided that the former board member is not appointed to any position by the board, according to an opinion provided by the Louisiana Board of Ethics.

David Joseph Allain, who has been working without pay as a special assistant to the port harbor and terminal district, will have to serve another year on a volunteer basis before accepting the position of executive director in January 2012.

“I’m just donating my time for a year,” Allain said regarding the legal decision. “I was on the commission for 12 years and have to stay off the commission. I resigned a year ago, so I have to delay my time for one more year.”

The written opinion, provided by Michael Dupree, deputy general counsel to the board, was directed to Eric Duplantis of Duplantis & McNulty, legal counsel for the district.

Duplantis had requested a decision on whether or not the former member could donate his services to the agency before the expiration of two years from the date of his termination in order to fulfill the services provided by outgoing Executive Director Phil Prejean.

The district is a political subdivision of the State of Louisiana and is governed by a nine-member board. Because it is a political subdivision of the state, the State Code of Governmental Ethics prohibits a former employee or board member from being compensated for any work for his former employer for a period of two years. The code also prohibits a former employee from contracting with or being appointed to any position by his former employer.

The state code, however, does not apply to volunteered services, Dupree said. “…the Code of Governmental Ethics will not prohibit the former board member from providing uncompensated, volunteer services to the district in the form of the duties formerly provided by the executive director, as long as the former board member is not appointed to any position by his former board,” the opinion said.

Allain stated that the current executive director, Albert H. Blevins Jr., is currently serving as board president for the West St. Mary Parish Port Harbor and Terminal District.

State statute provides that “no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by or be appointed to any position by that board or commission,” Dupree said, adding that the law does allow a former public servant to donate services to his agency.