2025-109 - Laserfiche WebLink

La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. La. R.S. 42:1102(16) defines "Person" means an individual or legal entity other than a governmental entity, or an agency thereof. La. R.S. 42:1102(19) defines "public servant" as a public employee or elected official. La. R.S. 42:1102(18)(a) defines "public employee"to mean any person,whether compensated or not who is: (i) an administrative officer or official of a governmental entity who is not filling an elective office; (ii) appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof, (iii) engaged in the performance of a governmental function; (iv)under the supervision or authority of an elected official or another employee of the governmental entity. ANALYSIS As Director 3 of the OTS/EUC Field Operations section,you were a public employee and a public servant pursuant to La. R.S.42:1102(18)(a)and La. R.S. 42:1102(19),respectively.Your"agency" for purposes of the Code was OTS/EUC field operations section. La. R.S. 42:1121 A(l)prohibits you as a former agency head for OTS/EUC Field Operations, for a period of two years following the termination of your public service as the head of such agency,in December of 2024 from assist another person, such as Avexon, LLC, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency. Therefore,La.R.S.42:1121A prohibits you from soliciting OTS/EUC Field Operations to provide sales and services from Avexon, LLC. However, La. R.S. 42:1121A does not prohibit you as an officer of Avexon, LLC from soliciting contracts from the other OTS/EUC section heads to provide them with sales and service opportunities from Avexon, LLC provided such services are not rendered to OTS/EUC Field Operations by contract. CONCLUSION The Board concluded, and instructed me to inform you, that the post-employment restriction of the Code will not prohibit you from attempting to contract with any OTS department or section head except OTS/EUC field operations section provided that contracted services are not rendered to or for the OTS/EUC field operations section. This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as presented may result in a different application of the provisions of the Louisiana Code of Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control Law. If you have any questions,please contact me at(800) 842-6630 or(225) 219-5600.