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public service and involving the agency by which he was formerly employed or in which he <br /> formerly held office. <br /> La.R.S.42:1102(2)(a)(i)defines"agency"for public servants in the twenty principal departments <br /> of the executive branch of state government,to mean the office in which such public servant carries <br /> on his primary responsibilities. <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 commission who exercises supervision over the agency <br /> La. R.S. 42:1102(18)(a) defines"public employee"to mean any person, whether compensated or <br /> not who is: (i) an administrative officer or official of a governmental entity who is not filling an <br /> elective office; (ii) appointed by any elected official when acting in an official capacity, and the <br /> appointment is to a post or position wherein the appointee is to serve the governmental entity or <br /> an agency thereof, either as a member of an agency, or as an employee thereof; (iii) engaged in the <br /> performance of a governmental function; (iv) under the supervision or authority of an elected <br /> official or another employee of the governmental entity. <br /> La. R.S. 42:1102(19) defines "public servant" to mean a public employee or elected official. <br /> ANALYSIS <br /> As an employee of OPH, you are a public employee under La. R.S. 42:1102(18)(a). Accordingly, <br /> you are also considered a public servant pursuant to La. R.S. 42:1102(19). Your agency is OPH, <br /> pursuant to La. R.S. 42:1102(a). As a Program Manager IA, you report directly to Program <br /> Manager 113, and you are not considered an "agency head," pursuant to La. R.S. 42:1102(3). <br /> Accordingly, the post-employment restrictions contained in La. R.S. 42:1121B shall apply. <br /> La. R.S. 42:1121 B prohibits you, for a period of two years, from assisting Orion in any transaction <br /> in which you participated during your employment with OPH. This provision also prohibits you <br /> from rendering services on a contractual basis to or for OPH. Based on the facts provided,you will <br /> not be assisting Orion in any transactions with OPH, and are not rendering any services to, for, or <br /> on behalf of OPH. <br /> If you are hired as an officer of Orion, pursuant to La. R.S. 42:1121 C, Orion would be prohibited <br /> from assisting any other person in a transaction with OPH in which you had previously participated <br /> while employed with OPH. <br /> CONCLUSION <br /> The Board concluded, and instructed me to inform you,that the Code would not prohibit you from <br /> being hired by Orion as Vice President of Clinical Operations. <br /> This advisory opinion is based solely on the facts as set forth herein. Changes to the facts as <br /> presented may result in a different application of the provisions of the Louisiana Code of <br /> Governmental Ethics. The Board issues no opinion as to past conduct or as to laws other than the <br /> Louisiana Code of Governmental Ethics, the Campaign Finance Disclosure Act, the Lobbyist <br /> Disclosure Acts, and the conflict of interest provisions contained in the Louisiana Gaming Control <br /> Law. If you have any questions, please contact me at (800) 842-6630 or (225) 219-5600. <br /> Page 2 of 3 (BD 2022-846) <br />