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2005-528
Opinion Type
Advisory Opinion
Docket Number
2005-528
Requesting Party
Gary Robichaux
Parties Involved
KIPP-New Orleans
Agency at Issue
LA Dept of Education
Decision Date
4/20/2005
Law
R.S. 42:1121
Caption
Advisory opinion that the Code of Governmental Ethics does not prohibit a former employee of the Louisiana Department of Education ‎(LDE)‎ from accepting employment with KIPP-New Orleans, a governmental entity.
Ethics Subject Matters
Prohibited Transactions
Participation
Post Employment
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2005-258
Created By: Claire Vermaelen on 04/21/2005 at 04:15 PM
Category: Ethics Advisory Opinions
Caption:
April 22, 2005
Gary Robichaux
Dept. of Education
P.O. Box 94064
Baton Rouge, LA 70801 -9061
RE: Ethics Board Docket No. 2005 -258
Dear Mr. Robichaux:
The Louisiana Board of Ethics, at its April 20, 2005 meeting, considered your request for an
advisory opinion concerning the propriety of your accepting employment with KIPP- New
Orleans within two years of the termination of your position as a distinguished educator with the
Louisiana Department of Education (LDE). You state that you are currently employed by the
LDE as the distinguished educator assigned to Edward H. Phillips Learning Academy (Phillips
Academy). You function as a consultant for the staff and the administration of Phillips Academy
and do not have any have authority to make policy or managerial decisions. KIPP -New Orleans
has submitted an application to BESE for a charter to operate Phillips Academy as a Type 5
charter school in Orleans Parish.
The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics
would not prohibit you from accepting employment with KIPP- New Orleans. Section 1121 of
the Code prohibits a public employee, for a period of two years after the termination of his public
service, from assisting a person, for compensation, in a transaction in which that former public
employee participated at any time during his public employment and involving the governmental
entity by which he was formerly employed. Section 1102(16) defines "person" as an individual or
legal entity other than a governmental entity, or agency thereof. Because you would be working
for K1PP -New Orleans, which is a governmental entity, you would not be assisting a "person" in
matters involving the LDE, so the post - employment restrictions in Section 1121 of the Code
would not apply.
The Board issues no opinion as to laws other than the Code of Governmental Ethics. If you have
any questions, please contact me at (800) 842 -6630 or (225)763 -8777.
Sincerely,
LOUISIANA BOARD OF ETHICS