SEC AO93-004                                                                                                 September 16, 1992

SUBJECT: POST-EMPLOYMENT OF FORMER PUBLIC EMPLOYEE

SUMMARY:

A former employee of a public agency would not be prohibited from consulting with business firms or free lance consulting, however, he is prohibited from lobbying the agency or representing clients before the agency for a period of twelve months from the date of leaving employment.

QUESTION:

A former employee of a public agency has established himself as a private consultant. His work will entail either free lance consulting or part-time employment with a consulting firm. He may also be involved in marketing and educational efforts associated with certain materials. He also may be involved with privatization of a state program.

DISCUSSION:

This opinion is rendered in response to a letter dated July 10, 1992 requesting an opinion from the State Ethics Commission. The Commission's jurisdiction is limited to the applicability of the Ethics, Government Accountability, and Campaign Reform Act of 1991 (Act No. 248 of 1991; Section 8-13-100 et. seq., as amended, 1976 Code of Laws). This opinion does not supersede any other statutory or regulatory restrictions or procedures which may apply to this situation.

Section 8-13-755 provides:

A former public official, former public member, or former public employee holding public office, membership, or employment on or after January 1, 1992, may not for a period of one year after terminating his public service or employment:

(1) serve as a lobbyist or represent clients before the agency or department on which he formerly served in a matter which he directly and substantially