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2023-1070
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Last modified
3/6/2024 9:54:23 AM
Creation date
2/5/2024 3:17:57 PM
Metadata
2023-1070
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2023-1070
Requesting Party
Richard Raynie
Agency at Issue
Coastal Protection and Restoration Authority
U.S. Army Corps of Engineers
Decision Date
2/2/2024
Law
La. R.S. 42:1121B(1)
Caption
The Code of Governmental Ethics does not prohibit a former employee of the Coastal Protection and Restoration Authority ("CPRA") from being employed with the U.S. Army Corps of Engineers, a federal agency, within two years of his retirement from CPRA.
Ethics Subject Matters
Post Employment
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authority of an elected official or another employee of the governmental entity. Accordingly, as <br /> an employee of CPRA, you were a public employee pursuant to La. R.S. 42:1102(18). <br /> La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in one of the twenty principal <br /> departments of the executive branch of state government, to be the office in which such public <br /> servant carries out his primary responsibilities.As such,your agency for purposes of the Code was <br /> the CPRA Executive Division pursuant to La. R.S. 42:1102(2)(a)(i). <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. As a former employee of the State of Louisiana, <br /> your governmental entity was the State of Louisiana pursuant to La. R.S. 42:1102(12). <br /> ANALYSIS&CONCLUSION <br /> Generally, La. R.S. 42:1121(B)provides that no former public employee shall, for a period of two <br /> years following the termination of his public employment,assist another person,for compensation, <br /> in a 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, or for a period of two years following termination of <br /> his public employment, render, any service which such former public employee had rendered to <br /> the agency during the term of his public employment on a contractual basis, regardless of the <br /> parties to the contract, to, for, or on behalf of the agency with which he was formerly employed. <br /> La. R.S. 42:1102 provides the following relevant definitions: <br /> (4) "Assist" means to act in such a way as to help, advise, furnish information to, <br /> or aid a person with the intent to assist such person. <br /> (15)"Participate"means to take part in or to have or share responsibility for action <br /> of a governmental entity or a proceeding, personally, as a public servant of the <br /> governmental entity,through approval, disapproval,decision,recommendation,the <br /> rendering of advice, investigation, or the failure to act or perform a duty. <br /> (16) "Person'means an individual or legal entity other than a governmental entity, <br /> or an agency thereof. <br /> In this instance,the U.S.Almy Corps of Engineers is a federal agency and not a person for purposes <br /> of the Code.Additionally, you did not participate in the Lower Mississippi River Comprehensive <br /> Management Study while employed with CPRA. For these reasons, the Board concluded, and <br /> instructed me to inform you, that La. R.S. 42:1121(B)(1) does not prohibit you from being <br /> employed with the U.S.Army Core of Engineers within two years of your retirement from CPRA. <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 Governmental <br /> Ethics. The Board issues no opinion as to past conduct and or to laws other than the Code of <br /> Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and <br /> the conflict of interest provisions contained in the Louisiana Gaming Control Law. <br /> Page 2 of 3 (BD 2023-1070) <br />
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