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Last modified
7/12/2021 11:18:47 AM
Creation date
11/21/2016 11:47:46 AM
Metadata
2016-1023
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1023
Requesting Party
Karim Belhadjali
Parties Involved
The Louisiana Coastal Protection and Restoration Authority
Bren haase
Planning and Research Division
State's Comprehensive Master Plan
Michael Ellis
Abt Associates
Environmental and Natural Resource Division
Decision Date
11/18/2016
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit the former Deputy Chief over Strategic Planning in the Planning and Research Division of the Louisiana Coastal Protection and Restoration Authority (CPRA) from seeking employment with Abt Associates since Abt Associates does not currently have any contracts with CPRA that the employee participated in while employed by CPRA and the employee was not considered an agency. Further, Abt Associates would not be prohibited from seeking future contracts with CPRA provided that the former employee has not participated on those projects during his employment with CPRA.
Ethics Subject Matters
Post Employment
Public Employee - Definition
Participation
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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 />
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