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2016-1170
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Last modified
7/12/2021 11:03:18 AM
Creation date
2/21/2017 10:02:31 AM
Metadata
2016-1170
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2016-1170
Requesting Party
Bao D. Vu
Parties Involved
New Orleans Department of Public Works
Decision Date
2/17/2017
Caption
Advisory opinion that the Louisiana Code of Governmental Ethics would not prohibit a former employee with the New Orleans Department of Public Works from performing design and construction engineering services with engineering firms who have contracts on FEMA projects with the City of New Orleans in transactions in which he did not participate at any time while employed by the City of New Orleans, since he was not an agency head within the Department of Public Works.
Ethics Subject Matters
Post Employment
Participation
Public Employee - Definition
Prohibited Transactions
Prohibited Assistance
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STATE OF LOUISIANA <br /> o DEPARTMENT OF STATE CIVIL SERVICE <br /> ;S LOUISIANA BOARD OF ETHICS <br /> %�' rft hi v. P.O. BOX 4368 <br /> .1. ,1 . BATON ROUGE, LA 70821 <br /> C°0,p,,,E `' <br /> . (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> February 21, 2017 <br /> Bao D. Vu, P.E. <br /> 13257 Willowbrook Drive <br /> New Orleans, Louisiana <br /> Re: Ethics Board Docket No. 2016-1170 <br /> Dear Mr. Vu: <br /> The Louisiana Board of Ethics,at its February 17,2017 Board meeting,considered your request for <br /> an advisory opinion regarding whether the post-employment restrictions would prevent you from <br /> performing design and construction engineering services with engineering firms who have contracts <br /> with the City of New Orleans after you retire from New Orleans Department of Public Works. You <br /> stated that you are a classified employee within a division of the Program and Project Management <br /> Department that is compensated only by the New Orleans City budget and only manages city/state <br /> funded projects. You supervise no employees. There is a separate division within the Program and <br /> Project Management Department that is composed of unclassified employees who manage only <br /> FEMA projects and are paid with a FEMA fund. You stated that you have assisted some FEMA <br /> project managers in the review of plans and special specifications, but have had not contact with <br /> their design consultants. You do not perform any design and construction engineering services in <br /> your position. <br /> The Board concluded, and instructed me to inform you, that the Louisiana Code of Governmental <br /> Ethics would not prohibit you from performing design and construction engineering services with <br /> engineering firms who have contracts on FEMA projects with the City of New Orleans in <br /> transactions in which you did not participate at any time while employed by the City of New Orleans, <br /> for two years from your last day of employment with the City of New Orleans.La.R.S.42: 1121 B(1) <br /> provides that no former public employee shall, for a period of two years following the termination <br /> of his public employment, assist another person, for compensation, in a transaction, or in an <br /> appearance in connection with a transaction in which such former public employee participated at <br /> any time during his public employment and involving the governmental entity by which he was <br /> formerly employed, or for a period of two years following termination of his public employment, <br /> render, any service which such former public employee had rendered to the agency during the term <br /> of his public employment on a contractual basis, regardless of the parties to the contract,to, for, or <br /> on behalf of the agency with which he was formerly employed. <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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