2023-221 - Laserfiche WebLink

La. R.S. 42:1102(12) defines "governmental entity"to mean the state or any political subdivision which employed the former public employee. For purposes of the Code, as an employee of DOTD, your governmental entity is the State of Louisiana pursuant to La. R.S. 42:1102(12). As your DOTD employment duties require your participation in the Louisiana Watershed Initiative, which is outside of your agency, the DOTD Office of Engineering, La.R.S.42:1121(B)prohibits you, for a period of two years following your retirement, from assisting a person for compensation in any transaction involving the State of Louisiana in which you participated while an employee of DOTD, including the Louisiana Watershed Initiative. ISSUE No.4-PRIVATE EMPLOYER La. R.S.42:1121(C):No legal entity in which a former public servant is an officer,director,trustee, partner,or employee shall,for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office. In the event you become employed by a third-party private company, the company will be prohibited, for a period of two years following your retirement, from assisting a person in a transaction in which you participated at any time during your employment with DOTD and involving the DOTD Office of Engineering. CONCLUSION The Board concluded, and instructed me to inform you, that the post-employment restrictions detailed above will be in effect for a period of two years following your retirement. Should a specific situation arise which presents a potential violation of the above provisions, the Board advised that you seek an updated advisory opinion. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Code of Governmental Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions, please contact me at (800) 842-6630 or(225) 219-5600. Sincerely, LO ISIA OAR David M. Bordelon, For the Board Page 3 of 3 (BD 2023-221)