2022-076 - Laserfiche WebLink

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(3) defines "agency head" to mean the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. La.R.S. 42:1102(18)(a)defines"public employee"to mean anyone,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 a Revenue Tax Auditor Supervisor for LDR, Ms. Fontenot was a public employee under La. R.S. 42:1102(18)(x). Further, as the assistant to the Revenue Tax Director, she was not the chief executive or administrative officer of her agency, so she did not qualify as an agency head under La. R.S. 42:1102(3). Accordingly, as she was not the head of an agency or an elected official, the post-employment assistance rule for all other public employees, La. R.S. 42:1121B, shall apply. Accordingly, for a period of two years after her termination of service to LDR, Ms. Fontenot may not assist any person in transactions involving her agency in which she participated during her employment with LDR or provide any services she provided as an employee of LDR. CONCLUSION The Board concluded, and instructed me to inform you, that the Code of Governmental Ethics would permit Ms. Fontenot to provide services to RoyaltyStat which may relate to LDR matters provided Ms. Fontenot did not participate in those matters during her employment with LDR and did not perform those services for LDR. 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. Sincerely, LOUISI A BOARD OF ETHICS arles E. Reeves, Jr. For the Board Cc: Ms. Casey Fontenot Page 2 of 2 (BD 2022-076)