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2005-258 <br /> Created By: Claire Vermaelen on 04/21/2005 at 04:15 PM <br /> Category: Ethics Advisory Opinions <br /> Caption: <br /> April 22, 2005 <br /> Gary Robichaux <br /> Dept. of Education <br /> P.O. Box 94064 <br /> Baton Rouge, LA 70801 -9061 <br /> RE: Ethics Board Docket No. 2005 -258 <br /> Dear Mr. Robichaux: <br /> The Louisiana Board of Ethics, at its April 20, 2005 meeting, considered your request for an <br /> advisory opinion concerning the propriety of your accepting employment with KIPP- New <br /> Orleans within two years of the termination of your position as a distinguished educator with the <br /> Louisiana Department of Education (LDE). You state that you are currently employed by the <br /> LDE as the distinguished educator assigned to Edward H. Phillips Learning Academy (Phillips <br /> Academy). You function as a consultant for the staff and the administration of Phillips Academy <br /> and do not have any have authority to make policy or managerial decisions. KIPP -New Orleans <br /> has submitted an application to BESE for a charter to operate Phillips Academy as a Type 5 <br /> charter school in Orleans Parish. <br /> The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics <br /> would not prohibit you from accepting employment with KIPP- New Orleans. Section 1121 of <br /> the Code prohibits a public employee, for a period of two years after the termination of his public <br /> service, from assisting a person, for compensation, in a transaction in which that former public <br /> employee participated at any time during his public employment and involving the governmental <br /> entity by which he was formerly employed. Section 1102(16) defines "person" as an individual or <br /> legal entity other than a governmental entity, or agency thereof. Because you would be working <br /> for K1PP -New Orleans, which is a governmental entity, you would not be assisting a "person" in <br /> matters involving the LDE, so the post - employment restrictions in Section 1121 of the Code <br /> would not apply. <br /> The Board issues no opinion as to laws other than the Code of Governmental Ethics. If you have <br /> any questions, please contact me at (800) 842 -6630 or (225)763 -8777. <br /> Sincerely, <br /> LOUISIANA BOARD OF ETHICS <br />