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Last modified
7/12/2021 11:03:22 AM
Creation date
1/23/2017 3:06:31 PM
Metadata
2016-1201
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Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1201
Requesting Party
Wendy Fremin
Decision Date
1/20/2017
Caption
Advisory opinion that the post-employment provisions in the Louisiana Code of Governmental Ethics would not prohibit a former employee with the Louisiana Department of Health from offering consulting services to healthcare provides as long as she does not receive compensation for her services from providers on projects that she participated in while she was employed by the Health Standards Section of the Department of Health; however, she would prohibited from contracting directly or indirectly through another company, with the Department of Health to provide the same services she provided during her public service.
Ethics Subject Matters
Post Employment
Participation
Prohibited Transactions
Public Employee - Definition
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al basis, regardless of the parties to the contract, to, for, or on behalf of the <br /> agency with which he was formerly employed. <br /> Additionally, Section 1121C prohibits any entity in which you are an officer,director,trustee, <br /> partner, or employee, for a period of two years following the termination of you public em- <br /> ployment, from assisting another person, for compensation,in a transaction or in an appear- <br /> ance in connection with a transaction in which you participated at any time during your pub- <br /> lic employment and which involved your former public employer. <br /> As a result, the Board concluded, and instructed me to inform you that, generally Section <br /> 1121B(1) of the Code would not prohibit you from offering consulting services to <br /> healthcare providers as long as you do not receive compensation for your services from pro- <br /> viders on projects that you participated in while you were employed by the Health Standards <br /> Section of the Department of Health. <br /> However, you are prohibited for two years from the time of your termination as a public <br /> servant from contracting directly or indirectly through another company, with the Depart- <br /> ment of Health to provide the same services you provided during your public service. Fur- <br /> ther,the Board instructed me to caution you that Section 1121C of the Code would prohibit <br /> any legal entity in which you are an officer, director, trustee, partner, or employee from as- <br /> sisting a person in a transaction in which you participated while employed by the Depart- <br /> ment of Health for a period of two years following your termination of public service. <br /> In order to receive a more detailed advisory opinion regarding specific health care providers <br /> you would like to contract with, please forward the particular set of facts and circumstances <br /> surrounding any potential contract or employment such as the name of the provider and the <br /> relationship they may have with your former agency. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Code of Ethics. The <br /> Board issues no opinion as to past conduct or as to laws other than the Code of Ethics. If <br /> you have any questions,please contact me at (800)842-6630 or (225)219-5600. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br /> k 1411°P <br /> David M. Bordelon <br /> For the Board <br />
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