2025-121 - Laserfiche WebLink

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.. La. R.S. 42:1102(2)(a)(i) 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(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. La. F.S. 42:1102(23) defines "transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b)Is one to which the governmental entity is or will be a party. (c)Is one in which the governmental entity has a direct interest. ANALYSIS As an employee of DPS, you are a public employee pursuant to La. R.S. 42:1102(18)(a). Your age_ricy is DPS,pursuant to La. R.S. 42:1102(2)(a). As you were not an agency head, the post-employment restrictions of La. R.S. 42:1121B shall apply. Accordingly, for a period of two years after your termination of service to DPS, you may not assist Optima, forcompensation, in a transaction with DPS, or in an appearance in connection with a transaction with DPS in which you participated at any time during your employment with DPS. In short, your work for Optima with agencies other than DPS is not prohibited. With respect to work for Optima that relates to DPS,you are prohibited for two years from assisting Optima on projects that you worked on as an employee of DPS. CONCLUSION The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would prohibit you from assisting Optima in a transaction involving DPS in which you participated while you were employed by DPS. 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 Governrriental 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. Page 2 of 3 (BD 2025-121)