2023-1076 - Laserfiche WebLink

However, to the extent this request does not address a specific potential conflict under La. R.S. 42:1121A(1), the Board declined to render an opinion that any particular work will or will not violate the post-employment provisions of the Code. Should a specific situation arise that presents a potential violation of the Code, an updated advisory opinion should be sought. ISSUE N0.2: POST-EMPLOYMENT RESTRICTIONS ON FISHMAN HAYGOOD La. R.S. 42:1121C provides that "[n]o 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."La. R.S. 42:1102(19)defines"public servant"to include an elected official. Also, La. R.S. 42:1102 defines "participate" to mean to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. The Board considered the provisions of the proposed contract between John Bel Edwards and Fishman Haygood. Based on these specific provisions, the Board determined that Governor Edwards is not an officer, director, trustee, partner, or employee of Fishman Haygood for the specific purpose of La. R.S. 42:1121C. Accordingly, the Board determined that based on these specific facts, La. R.S. 42:1121C does not prohibit Fishman Haygood from assisting clients in transactions involving the executive branch of the State of Louisiana. The Board noted that any substantial changes to the proposed contract could change the analysis and application of La. R.S. 42:1121C. However, in light of the Board's decision that La. R.S. 42:1121C does not prohibit Fishman Haygood from assisting third parties involving the executive branch of the State of Louisiana,the Code provides an additional restriction on Governor Edwards. La. R.S. 42:1121D provides that "[n]o former public servant shall.share in any compensation received by another person for assistance which such former public servant is prohibited from rendering by this Section." Accordingly, Governor Edwards is prohibited from sharing in any compensation received by Fishman Haygood for transactions involving the executive branch, when La. R.S. 42:1121A(1) prohibits him from providing such assistance or services on those matters. ISSUE No.3: ONE-YEAR CONTRACTUAL PROHIBITION ON GOVERNOR EDWARDS The Code provides an additional restriction on Governor Edwards after his service as Governor, as La. R.S. 42:11131)(3)prohibits the former Governor,his spouse,or any legal entity in which he or his spouse owns an interest in excess of 5%, from entering into a contract with the State of Louisiana for one year after the Governor's term of office ends. Page 3 of 4(BD 2023-1076)