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Entry Properties
Last modified
7/1/2025 11:29:52 AM
Creation date
5/2/2025 4:09:22 PM
Metadata
2025-116
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2025-116
Requesting Party
Damon Carter
Parties Involved
Damon Carter
DBSysgraph, Inc.
Agency at Issue
Louisiana Department of Public Safety and Corrections
Louisiana Office of State Fire Marshal (SFM)
SFM Special Services and Support Division
Decision Date
5/2/2025
Law
La. R.S. 42:1121B(1)
La. R.S. 42:1121C
Caption
The Code of Governmental Ethics contains post-employment restrictions that apply to Damon Carter and his future employer, DBSysgraph, Inc., for two years following his retirement from public employment with the Louisiana Office of State Fire Marshal.
Ethics Subject Matters
Post Employment
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You stated that you will be working on systems for out-of-state agencies and some in-state <br /> agencies, but you will not do any work involving the SFM. You would like to know whether you <br /> are permitted to work for DBS within the two-year period following your retirement froin public <br /> employment with SFM. <br /> Law <br /> La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years <br /> following the termination of his public employment, assist another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction in which such former public <br /> employee participated at any time during his public employinent and involving the governmental <br /> entity by which he was formerly employed, or for a period of two years following tennination of <br /> his public einployment, 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 fonnerly employed. <br /> La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, <br /> director,trustee,pai-tner, or employee shall, for a period of two years following the termination of <br /> his public service, assist another person, for compensation, in a transaction, or in an appearance in <br /> connection with a transaction in which such public servant at any time participated during his <br /> public service and involving the agency by which he was formerly employed or in which he <br /> fornlerly held office. <br /> La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, <br /> comn�ission, board, committee, or other organizational unit of a governmental entity. <br /> La. R.S. 42:1102(3) defines "agency head" to mean the chief executive or administrative officer <br /> of an agency or any member of a board or cominission who exercises supervision over the agency. <br /> La. R.S. 42:1102(4) defines "assist" to mean to act in such a way as to help advise, fuinish <br /> information to, or aid a person with the intent to assist such person. <br /> La. R.S. 42:1102(16) defines "person" to mean an individual or legal entity other than a <br /> goverrunental entity, or an agency thereof. <br /> La. R.S. 42:1102(12) defines "governmental entity" to mean the state or any political subdivision <br /> which employs the public employee or employed the former public employee or to which the <br /> elected official is elected, as the case may be. <br /> La.R.S. 42:1102(18)(a)defines"public employee"to mean anyone, whether compensated or not, <br /> who is: <br /> (i) An administrative officer or official of a governmental entity who is not filling an elective <br /> office. <br /> (ii)Appointed by any elected official when acting in an official capacity, and the appointment is <br /> to a post or position wherein the appointee is to serve the governmental entity or an agency <br /> thereof, either as a member of an agency, or as an employee thereof. <br /> (iii) Engaged in the performance of a governmental function. <br /> Page 2 of 4 (BD 2U25-116) <br />
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