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2) Would your position as Deputy Chief make you an agency head for the purposes of La. <br /> R.S.42:1121A(1)? <br /> The Board concluded,and instructed me to advise you,that under the facts presented,generally you <br /> would not be considered an agency head within the Planning and Research Division as provided for in La.R.S. <br /> 42:1121A(1).La R.S.42:1102(3)provides that"agency head"means the chief executive officer of an agency <br /> or any member of a board or commission who exercises control.Therefore,since you do not have control over <br /> the individuals that you oversee you would not be considered an agency head. <br /> 3) Would the Code of Governmental Ethics prevent you from working for Abt Associates <br /> on the NRDA contract with CPRA or on tasks for other agencies within the State of <br /> Louisiana,Such as the Louisiana Oil Spill Coordinator's Office? <br /> The Board concluded, and instructed me to advise you, that under the facts presented, La. R.S. <br /> 42:1121B would not prohibit you from working on the NRDA project as you did not participate in the project <br /> nor did Planning and Research Division have supervision over the project. Additionally La. R.S. 42:1121B <br /> would not prohibit you from providing services to other state agencies on other state projects such as the Oil <br /> Spill Coordinator's Office. <br /> 4) If you did not assist in matters involving the Planning and Research Division,would Abt <br /> Associates be subject to restrictions on their ability to seek future contract with CPRA, <br /> including professional services contracts that could include work with the Planning and <br /> Research Division? <br /> The Board concluded, and instructed me to advise you, that under the facts presented, La. R.S. <br /> 42:1121C would not prohibit Abt Associates from seeking future contract with CRPA,including professional <br /> services contracts that could include work with the Planning and Research Division provided you have not <br /> participated on those projects during your public employment with CPRA. La. R.S. 42:1121C provides that <br /> no legal entity in which the former public servant is an officer,director,trustee,partner or employee shall,for <br /> period of two years following the termination of his public service, from assisting another person for <br /> compensation,in a transaction,or appearance in a connection with a transaction in which such public servant <br /> at any time participated during his public service and involving that agency by which he was formerly <br /> employed or in which he formerly held office.Therefore,La.R.S.42:1121C prohibits Abt Associates for two <br /> years after the termination of your public service from assisting another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction in which you participated in during <br /> your service with CPRA. <br /> This advisory opinion is based solely on the facts as set forth herein.Changes to the facts as presented <br /> may result in a different application of the provisions of the Code of Ethics. The Board issues no opinion as <br /> to past conduct or as to laws other than the Code of Governmental Ethics. If you have any questions, please <br /> contact me at(800) 842-6630 or(225)219-5600. <br /> Sincerely, <br /> LOUISIANA WARD OF ETHICS <br /> _ . - 7" <br /> Suzanne Quinlan Moor <br /> For the Board <br />