2023-221 - Laserfiche WebLink

La. R.S. 42:1102(2)(a)(i) defines "agency" for public servants in the twenty principal departments of the executive branch of state government,to mean the office in which such public servant carries out his primary responsibilities. La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer of an agency. La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a governmental entity, or agency thereof. As an employee of DOTD, you are a public employee pursuant to La. R.S. 42:1102(18) and (19). Your agency for purposes of the Code is the DOTD Office of Engineering pursuant to La. R.S. 42:1102(2)(a)(vi). As Chief Engineer you are the agency head over the DOTD Office of Engineering pursuant to La. R.S. 42:1102(3). As such,La.R.S. 42:1121(A)(1)prohibits you,for a period of two years following your retirement, from assisting a person for compensation in any transaction involving the DOTD Office of Engineering. Further, La. R.S. 42:1121(A)(1) prohibits you, for the same two-year period, from rendering any services on a contractual basis to or for the DOTD Office of Engineering. ISSUE NO.2—FORMER BOARD OR COMMISSION MEMBER La. R.S. 42:1121A(2): No former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission. While you serve as the DOTD Secretary's designee, you are a member of the Comite River Diversion Canal Project Task Force and Louisiana Water Resource Commission.As such, La. R.S. 42:1121(A)(2)prohibits you, for a period of two years following your last service on these boards, from contracting with,being employed by, or being appointed to any position by either the Comite River Diversion Canal Project Task Force or Louisiana Water Resource Commission. ISSUE NO.3—LOUISIANA WATERSHED INITIATIVE La. R.S. 42:1121B(1): No former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed. Page 2 of 3 (BD 2023-221)