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Entry Properties
Last modified
3/6/2024 9:34:48 AM
Creation date
2/5/2024 11:15:30 AM
Metadata
2023-929
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-929
Requesting Party
James Carinio, Jr.
Agency at Issue
Louisiana Rehabilitation Services
Decision Date
2/2/2024
Law
La. R.S. 42:1121B(1)
La. R.S. 42:1121E
Caption
The Code of Governmental Ethics prohibits a former employee of Louisiana Rehabilitation Services ("LRS"), for a period of two years from the date of his retirement, from rendering job placement services on a contractual basis to the LRS Shreveport Regional Office since he previously rendered job placement services to the Shreveport Regional Office during his employment with LRS.
Ethics Subject Matters
Post Employment
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You ask whether your two-year post-employment period may begin on May 1, 2022, when you <br /> last worked as a Rehabilitation Employment Development Specialist, instead of beginning on <br /> September 8, 2023, when you were last employed by LRS in the Shreveport Regional Office. This <br /> date would allow you to become a Job Placement Vendor for LRS as of May 2, 2024.As a vendor, <br /> you would provide direct job placement services in Region 7 for approved individuals who will be <br /> referred to you by VR Counselors in the Shreveport Regional Office.To be a Job Placement Vendor <br /> for LSR in Region 7, your application will have to be approved by the Shreveport Regional <br /> Manager, the LWC Appointing Authority, and the LRS State Director. <br /> AGENCY <br /> La. R.S. 42:1102(19) defines "public servant" means a public employee or an elected official. <br /> La.R.S.42:1102(18)(a)defines"public employee" to mean anyone,whether compensated or not, <br /> who is: (i) An administrative officer or official of a governmental entity who is not filling an <br /> elective office; (ii) Appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof; (iii) Engaged in <br /> the performance of a governmental function; (iv) Under the supervision or authority of an elected <br /> official or another employee of the governmental entity. <br /> La.R.S.42:1102(2)(a)(i)defines"agency"for public servants in the twenty principal departments <br /> of the executive branch of state government to mean the office in which such public servant carries <br /> out his primary responsibilities. <br /> La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency or any member of a board or commission who exercises supervision over the agency. <br /> La. R.S.42:1102(12) defines "governmental entity" to mean the state or any political subdivision <br /> which employed the former public employee. <br /> As an employee of LRS, you were a public employee under La. R.S. 42:1102(18)(a) and a public <br /> servant under La. R.S. 42:1102(19). Your agency, for purposes of the Code, was the Shreveport <br /> Regional Office of LRS because that is the office in which you carried out your primary <br /> responsibilities pursuant to La. R.S. 42:1102(2)(a)(i). You were not an agency head according to <br /> La. R.S. 42:1102(3). Your governmental entity was the State of Louisiana according to La. R.S. <br /> 42:1102(12). <br /> POST-EMPLOYMENT RESTRICTIONS <br /> La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years <br /> following the termination of his public employment, assist another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction, in which such former public <br /> employee participated at any time during his public employment and involving the governmental <br /> entity by which he was formerly employed. <br /> Page 2 of 3 (BD 2023-929) <br />
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