Judges: WILLIAM J. GUSTE, JR.
Filed Date: 11/8/1991
Status: Precedential
Modified Date: 7/5/2016
Dear Ms. Brown:
You have requested the opinion of this office on whether an employee of a state retirement board is legally permitted to enter into a consulting or professional services contract with a state executive branch agency. It is necessary to define state retirement boards in order to determine whether an employee of such a board falls under the contractual prohibition set forth in R.S.
R.S.
Before approving a proposed contract for professional, personal, consulting, or social services, the director of the office of contractual review or an assistant shall have determined that:
(4) No current state employee will engage in the performance of the proposed contract except as provided for in R.S.
39:1498.2 .
The exceptions in R.S.
Both the Louisiana State Employees' Retirement System and the Teachers' Retirement System of Louisiana have been transferred to within the Department of the Treasury by R.S.
D. The following agencies, as defined by R.S.
36:3 , and the boards of each, except the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, are transferred to and shall be within the Department of the Treasury, as provided in R.S.36:801.3 :
(1) Louisiana State Employees' Retirement System (R.S.
(6) Teachers' Retirement System of Louisiana (R.S. 17:571 — 17:764)
Furthermore, the Department of the Treasury is designated as a department of the executive branch of state government in R.S.
The status of retirement system funds was determined in Louisiana State Employees' Retirement System v. State,
It is the opinion of this office that state retirement board employees are state employees through the board's connection with the Department of the Treasury, and as such must be precluded from entering into consulting or professional services contracts with state executive branch agencies. The clear language of R.S.
I trust this answers your inquiry. If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
WILLIAM J. GUSTE, JR. Attorney General
BY: GLENN R. DUCOTE Assistant Attorney General
GRD/vls-0131z